TMI Blog2003 (9) TMI 763X X X X Extracts X X X X X X X X Extracts X X X X ..... admittedly directed to be withheld by respondent No. 1. Curiously enough, in another provisional marks-sheet which was issued on or about 1.9.1986 by the Principal of the College the word W.B. i.e. result withheld finds place. It also stands admitted that the respondent No. 3 did not apply for nor was given any final marks-sheet nor any certificate of passing the examination. It appears that on the basis of the provisional marks-sheet respondent No. 3 took his admission in B. A. without disclosing the fact that his result has been withheld and passed the B.A. Examination as well as M.A. Examination. Subsequently, he also got employment as a Teacher in Mathura Inter College, Naharpur, Distt. Azamgarh. It appears that in the year 1993 some inquiry was made as regards the passing of the Intermediate Examination by respondent No. 3. The inquiry continued for some time and it is under such circumstances the Principal of Janata Inter College informed respondent No. 3 on 16.10.1996 that his result of Intermediate Examination of the year 1984 was cancelled. It is at this stage respondent No. 3 filed a petition under Article 226 of the Constitution challenging cancellation of his resul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d information was given as per practice to the Centre for its communication to respondent No. 3 and further the Board was not required to inform each candidate individually about the cancellation of the result. The learned counsel appearing on behalf of respondent No. 3, however, on the other hand, would submit that keeping in view the peculiar facts and circumstances of this case, the ends of justice will be met if the first respondent is hereby directed to give a post-decisional. The learned counsel would contend that it is a fit case wherein equities should be adjusted keeping in view the fact that respondent No. 3 has now passed his B.A. and M.A. Examinations. In the alternative, it was urged, this Court may direct the first respondent to allow the respondent No. 3 to appear at the Intermediate Examination afresh. Having heard the learned counsel for the parties, we are of the opinion that the impugned judgment cannot be sustained. Respondent No. 3 himself in his counter-affidavit has drawn this Court's attention to a judgment of the Allahabad High Court dated 19th September, 1983 relating to withholding of result by the first respondent, wherein it was directed : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the year 1984. It was duly served to the principal concerned to convey with the decision taken by the Board. It was expected of the respondent No. 3 to get aware the decision dated 6.1.1985 of mass copying at that time. He did not care to know the decision and he further studied and got through the higher education. He obtained service appointment fraudulently with Sri Mathura Inter College, Naharpur, Azamgarh ignoring the decision dated 6.1.1985. After a lapse of 12 years with collusion of the principal Janta Inter Higher Secondary School, Mahul Azamgarh, he received a letter dated 16.10.1996 in which cancellation of the Intermediate examination of the year 1984 of the respondent No. 3 was informed. Apart from the fact that the marks-sheets issued by the Principal in the years 1984 and 1986 speak differently, by no stretch of imagination it can be presumed that even when the second marks-sheet in the year 1986 was issued, respondent No. 3 was not aware of the order dated 6.1.1985 passed by the first respondent. Fraud is a conduct either by letter or words, which induces the other person, or authority to take a definite determinative stand as a response to the conduct o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... writ petition No. 35336 of 1995 he filed the Writ Petition No. 39905 of 1996 questioning the aforementioned order dated 16.10.1996. It is stated that the said letter dated 16.10.1996 gave rise to a fresh cause of action. It is relevant to note that the Principal of the College even in its letter dated 16.10.1996 does not state that an order dated 6.1.1985 was issued against him by the first respondent cancelling his examination. Even in the said letter dated 16.10.1996 the copy of the said order has not been annexed. It is also pertinent to note that the Principal of the College not only had issued the aforementioned mark-sheets in the year 1984 and 1986 and also the said letter dated 16.10.1996 but from the tenor of the letter it appears that he also made temporary posting of responding No. 3. Curiously enough, respondent No. 3 in his counter-affidavit states that the Principal, Janta Inter College, Mahul has nothing to do with his appointment. Under what circumstances therefore the third respondent's posting was cancelled is anybody's guess. As regard the submission of the learned counsel to the effect that the first respondent should be directed to give an opportu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sis that the respondent No. 3 was not communicated with the result. A presumption against him must be raised particularly having regard to the fact that he had not been able to produce any material to show as to why no attempt was made by him to obtain a final marks-sheet and/or certificate for passing the examination. We are also unable to issue any direction to the first respondent to allow the third respondent to sit at the Intermediate Examination at this stage; having regard to the fact that the relevant rules in this regard have not been placed. We may, however, observe that if he is entitled to take the said Examination in law, he may be permitted. Further, we find that there is no equity in favour of respondent No. 3, inasmuch as he knew that his result has been withheld because of the allegation of having used unfair means in the Examination. Suppressing this fact, he took admission in B.A. and studied further. We are, therefore, of the view that the High Court committed error in allowing the writ petition filed by respondent. No. 3. Consequently, the order under challenge and that of the learned Single Judge, are set aside. The appeal is allowed. There shall be n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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