PRIYANKA SINGH ALIASMINORALIAS Vs. MADHYAMIC SHIKSHA PARISHAD KSHETRIYA KARYALAYA ALLAHABAD
LAWS(ALL)-2000-7-42
HIGH COURT OF ALLAHABAD
Decided on July 24,2000

PRIYANKA SINGH ALIASMINORALIAS Appellant
VERSUS
MADHYAMIC SHIKSHA PARISHAD KSHETRIYA KARYALAYA ALLAHABAD Respondents

JUDGEMENT

- (1.) S. Harkauli, J. These Bunch of Writ Petitions relate to the cases where in the examination conducted by the U. P. High School and Intermediate Board, can didates have filled more than one ex amination form from different places. In some cases one examination form has been filled by the student as a regular can didate from the School where he is under going education as regular student and the other examination form has been filled up by the same candidate as a private student sometimes from the same District and some times from the another District. In some cases both the forms have been filled as private candidates.
(2.) BECAUSE there is a prohibition in the rules of the respondent-Board that a candidate will not fill more than one form, therefore, these candidates were initially not permitted by the respondent board at the examination. In all these cases this Court had passed interim order permitting the petitioners to appear in the examination provisionally. It is not disputed that these candidates have appeared in the examina tion but their results have not been declared. This Bunch of Cases described by the Registry as "double Form Bunch" was listed earlier also and on that occasion, learned Standing Counsel was asked to obtain interim instructions from the respondent- Board as to what possible mis chief would be done by the candidates by filling examination form twice. In soms of the cases counter-affidavit has been filed.
(3.) IN the counter-affidavit, the stand taken is merely technical i. e. to say if can didate violates the Rule of the Board, which prohibits the filling of more than one examination form the board in within its rights not to. permit the said candidate at all to appear in the examination. Standing Counsel, apart from the above stand has submitted that the officers of the Board have informed him orally that there are some Mafias operating for help ing the students in use of unfair means. At the instance of those Mafia the student fills the second examination font from a College (examination centre) where chan ces of use of unfair means are brighter as the staff of the particular college is in col lusion with the Mafia.;


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