Arti vs State Of U.P. Thru. Prin./Addl. ...
2023 Latest Caselaw 26487 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:62346
 
Court No. - 8
 

 
Case :- WRIT - C No. - 8193 of 2023
 

 
Petitioner :- Arti
 
Respondent :- State Of U.P. Thru. Prin./Addl. Chief Secy. Basic Education, Lucknow And 4 Others
 
Counsel for Petitioner :- Ramesh Chandra Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State respondent and perused the material available on record.

This writ petition has been filed by the petitioner with the following prayers:-

"(i) to issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioner to appear for the last time in second semester of D.L.Ed. 2017 Batch for Math subject, as has been done in case of similarly situated candidates like petitioner who also failed thrice in one subject, have been permitted to participate last time in the first semester of D.L.Ed. by the Secretary Examination Regulatory Authority, U.P., Prayagraj, vide memorandum no. Gope/D.L.Ed./2446-52/2021-22 dated 11.09.2021, a copy whereof is already contained in Annexure No. 2 to this writ petition.

(ii) to issue a writ order or direction in the nature of mandamus commanding the respondents to take decision of petitioner's application dated 05.09.2023 pending before him."

Learned counsel for the petitioner placed heavy reliance on the judgment of this Court in Writ C No. 17686 of 2023 (Raj Shree Yadav Versus State of U.P. and others) decided on 06.07.2023.

Considering the fact that the petitioner has already filed a representation before the respondent no. 3, the present writ petition is disposed off directing the respondent no. 3 to take a decision on the application filed by the petitioner, with all expedition, preferably within a period of four weeks from the date of production of a certified copy of this order. While doing so, the respondent no. 3 will also consider the law laid down in the case of Raj Shree Yadav Versus State of U.P. and others (Supra).

Order Date :- 26.9.2023

Arun