Allahabad High Court
Rajkiya Uchchattar Madhyamik ... vs Madhyamik Shiksha Parishad U.P. & ... on 11 September, 2014
Bench: Manoj Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - C No. - 12648 of 2014
Petitioner :- Rajkiya Uchchattar Madhyamik Vidyalaya Abhibhavak Sangh
Respondent :- Madhyamik Shiksha Parishad U.P. & 2 Others
Counsel for Petitioner :- Pradeep Saxena
Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
The petitioner before the Court is the President of Parents Association of the Students of class 10th who were to appear in High School Examination of the year 2014 conducted by Madhyamik Shiksha Parishad, Allahabad (for Short "the Board").
The grievance of the petitioner was that on account of delay on the part of the Principal of Rajkiya Uchchattar Madhyamik Vidyalaya, Bareilly in depositing the examination fee of the students admitted in the Institution, the Board was not registering the names of the students for High School Examination-2014.
On 25.2.2014, after considering the submission of the counsel for the petitioner, this Court has passed the following orders:
"Learned counsel for the petitioner is permitted to implead the State Government as respondent subject to deposit of cost of Rs.200/- in the Account of High Court Bar Association, Allahabad.
The president of the Guardian Association of Raikiya Uchchattar Madhyamik Vidyalaya, Bareilly which is Government Higher Secondary School, made this writ petition on behalf of their wards for a direction upon the respondents to register the students of the said institution and permit them to appear in the High School Examination, 2014 conducted by the Madhyamik Shiksha Parishad, Uttar Pradesh, Allahabad.
It is stated that 201 students were studying in Class IX in Academic Session 2012-13. As per Regulations of the Board their registration ought to have been made in the month of 1st October, 2012. However, due to inadvertent mistake of the erstwhile Head Master of the Institution the form could not be forwarded to the Board but their fee was deposited on 10.10.2012. A copy of the Treasury Challan dated 10.10.2012 for a sum of Rs. 2040/- as Examination fee has been brought on the record as Annexure-1 to the writ petition. It is stated that out of those students only 70 students are pursuing their studies in Standard X and the Examination of High School is going to commence from 3rd March, 2014, but in absence of their registration the respondent no. 1, has not allotted them Roll Number and the they will not permitted to appear in the High School Examination, 2014.
Learned Counsel for the petitioner draws the attention of the Court to the various representation/communication sent by the present Head Master of the Institution dated 20.7.2013; 7.8.2013; 16.9.2013; 8.10.2013; 10.10.2013; 30.11.2013 and 11.2.2014, but these representation failed to elicit any response from the authorities concerned. He further urged that in the event the students are not permitted to appear in the Examination they would suffer irreversible loss for no fault on their part. The petitioners are young students.
Considering the aforesaid facts, the petitioner has made out a prima facie case
.
Learned Standing Counsel directed to file counter affidavit within six weeks. Rejoinder, if any, within a week thereafter.
List the matter thereafter.
In the meantime a direction is issued to respondent no.1 to permit the 70 students of the institution in question whose name figures in Annexure-2 of the writ petition, to appear in the High School Examination, 2014. It is made clear that if any formality is required to be done that may be completed after the Examination and on any technical objection the students may not be restrained from appearing in the examination. The result of the students shall not be declared without leave of the Court"
Pursuant to the above order, a counter affidavit has been filed on behalf of respondent no. 1 in which it is stated that the students given in the list could not be registered on time because the last date for deposit of the registration fee was 1.10.2012, but the same was deposited on 10.10.2012 in the Government Treasury. However, in paragraph no.10 of the counter affidavit, it has been admitted that pursuant to the direction given by this court vide interim order dated 25.2.2014, the concerned students were allowed to appear in the High School Examination - 2014 after registering them.
In view of above, let respondent no. 1 (Secretary, Board) declare the result of the students who have appeared after obtaining registration under the aforesaid interim order of this court and also issue to them mark sheet and certificates within a period of four weeks from the date of production of certified copy of this order before him.
The writ petition stands disposed of.
Order Date :- 11.9.2014
SKS
