Iftakar Alam vs State Of U.P. And 2 Others
2019 Latest Caselaw 6485 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - C No. - 21990 of 2019
 

 
Petitioner :- Iftakar Alam
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Akhilesh Kumar,Kiran Jaiswal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajay Bhanot,J.

Sri Abhishek Pandey, learned counsel, holding brief of Sri Akhilesh Kumar, learned counsel for the petitioner, submits that the petitioner shall make an application, for the answer-sheets of the 5th paper, of the IVth Semester, of the B.T.C. IInd year Examination, (Batch-2014), conducted in the year 2018. The only prayer, made by the learned counsel for the petitioner, is that the petitioner, may be provided a copy of the answer-sheets, in the aforesaid subjects, within a stipulated period of time.

Learned Standing Counsel, on the basis of instructions, submits that the answer-sheets of the petitioner in the aforesaid subjects, have not been weeded out. He further submits that in case the petitioner makes an application, in the proper format after deposit of the requisite fee, for the copy of the answer-sheets in the aforesaid subjects in the said examination, the respondent-authority is under obligation of law, to decide such application.

No useful purpose will be served by keeping the petition pending.

The matter is remitted, to the respondent No.2-Secretary, U.P. Examination Regulatory Authority, Alenganj, Prayagraj.

The petitioner, shall make an application in the proper format, after deposit of the requisite fee, for the copy of the answer-copy, of the 5th paper, of the IVth Semester, of the B.T.C. IInd year Examination, (Batch 2014), held in the year 2018, within two weeks.

A writ of mandamus is issued, commanding the respondent No.2-Secretary, U.P. Examination Regulatory Authority, Alenganj, Prayagraj, to execute the following directions, after the petitioner submits the representation, as per the above direction.

The respondent No.2-Secretary, U.P. Examination Regulatory Authority, Alenganj, Prayagraj, shall decide the representation of the petitioner, within a period of, one week from the date of, receipt of, a certified copy of this order.

It is clarified that this Court has not gone into the veracity of the assertions made in the writ petition, nor has judged the claim of the petitioner on merits. It is for the competent authority to do so with an independent application of mind.

With the aforesaid direction, the writ petition is finally disposed off.

Order Date :- 1.8.2019

Ashish Tripathi