G.C. Bharuka, J.@mdashThe sole Petitioner has filed the present application for issuance of a writ of mandamus and/or direction to Respondent Nos. 2 and 3 directing them to publish the result of the Petitioner in respect of Sachivalaya Sahayak Dwitiya Simit Pratiyogita Pariksha, 1987.
2. The Petitioner had appeared in the said examination after completing the necessary formalities and on receipt of the admit card, which is Annexure-6 to the writ application. According to the annexed admit card (Annexure-6) the examination centre of the Petitioner was D.A.V. High School, Danapur Cantt., Patna. The examination was held on 9.4.1988 and 10.4.1988. The roll number allotted to the Petitioner is 13/1507, as it would appear from the admit card. The result of the said examination was published in the daily newspaper ''Hindustan Times'' on 22.11.1988 but it did not contain the name of the Petitioner. On enquiry from the office of Respondent Nos. 2 and 3 it was disclosed that his result has been detained since he was found indulged in unfair means. The Petitioner filed applications requesting the Respondents to disclose the basis wherefrom the inference of induigng in unfair means was drawn against tha Petitioner but the Petitioner was not favoured with even a reply muchless furnishing of any material to substantiate the stand taken by the Respondents. In these circumstances, the present writ has been filed.
3. Counter Affidavits have been filed on behalf of Respondent Nos. 2 to 5 from which it appears that except taking a bald stand that the Petitioner was found indulging in unfair means, the Respondents have completely failed to substantiate their stand. What has been said in the counter affidavit to the defeat of the claim of the Petitioner is that reports have come to demonstrate that unfair means had been adopted at the Khagaul Centre. Admittedly, the Petitioner had not appeared at the Khagaul Centre. He had appeared in the examination at the D.A.V. High School, Danapur Cantt.
4. In the facts and circumstances of the case, I am constrained to hold that the Respondent Nos. 2 and 3 have acted arbitrarily, mala-fidely and illegally in not publishing the result in question of the Petitioner. Accordingly, I hereby direct the concerned Respondents to publish the result of the Petitioner in respect of the examination in question within two weeks from the date of communication of this order by the Petitioner to Respondent No. 2. Since the Petitioner has been unnecessarily harassed in this case, therefore, I award a cost of Rs. 1500/- which should be paid by the Respondent No. 2 to the Petitioner and a receipt showing the payment should be filed in this Court within a month.
5. This writ application is, accordingly, allowed.
