A.K. Yog, J. - (1.) The case involved question of general importance as to what shall be the result if a student fills up two forms from different places to appear in one and same examination in the same year conducted by the U. P. High School and Intermediate Board, and what shall be the consequence if the two forms contain same and correct information and, on the other hand, in a case where student has given incorrect contradictory information.
(2.) In spite of direction being given by this Court vide its order dated August 16. 2000, no counter-affidavit has been filed. It is evident that the Board of High School and Intermediate Education. U. P., Allahabad Board (called the 'Board') is not serious to contest the petition and has shown unexplained apathy to participate in the proceeding and assist Court in deciding relevant issues raised at the Bar for the purposes of final adjudication of the petition. The Court has two options today. One to Issue notice for contempt against concerned officers/ authorities of the Respondent Board or to follow the Judgment of the learned single Judge in the case of Priyanka Singh v. Madhyamik Shiksha Parishad and others rendered in Civil Misc. Writ Petition No. 14042 of 2000, decided vide judgment and order dated July 24, 2000 in a mechanical manner under excuse of parity and judicial discipline.
(3.) Since the case relates to a student and by passage of time, petitioners are likely to suffer irreparably while the examining body, on the other hand shown Its indifference, I adopt the course to follow the judgment dated July 24, 2000. Priyanka Singh (supra) particularly when a statement has been made at the Bar on behalf of the petitioners that this petition is identically situated as the bunch petitions decided vide judgment and order dated July 24. 2000, in the case of Priyanka Singh (supra) and the learned standing counsel concedes that he is not in a position to dispute the same.;