SMT. MEENA DEVI Vs. BOARD OF HIGH SCHOOL AND INTERMEDIATE EDUCATION, U. P. ALLAHABAD AND OTHERS
LAWS(ALL)-1980-9-89
HIGH COURT OF ALLAHABAD
Decided on September 17,1980

Smt. Meena Devi Appellant
VERSUS
Board Of High School And Intermediate Education, U. P. Allahabad And Others Respondents

JUDGEMENT

Yashoda Nandan, J. - (1.) The Prayag Mabila Vidyapith, Allahabad (hereinafter referred to as the Vidyapith) formely had only one office situate at 106 (old)/153 (new), Hewett Road, Allahabad from the year 1946 up to 16th February, 1960. Thereafter a split in the organization of the Vidyapith occurred and one organisation began functioning at Daraganj headed by Kai Ram Chandra Agarwal and another from the Hewett Road with Smt. Mahadevi Verma as its head.
(2.) The U.P. Board of High School and Intermediate Education framed regulations which provided that candidates who had passed the Vidya Vinodini Examination from the Vidyapith with advanced English were qualified to be admitted to the Intermediate Examination conducted by it. After the organisation mentioned above, regulations were framed entitling examinees, who had passed the Vidya Vinodini Examination with advanced English from Vidyapiths having their office at either of the two places within the period 1946 to 1964, to appear at the Intermediate Examination. The petitioner claims that she had passed the Vidya Vinodini Examination with advanced English with Roll No. 1192 from the Vidyapith which its office at 556, Daraganj, Allahabad. On the basis of an attested copy of the certificate issued by the office of the Vidyapith situate at 556, Daraganj, Altohabad the petitioner was admitted provisionally to the Intermediate Examination conduced by the U. P. Board of High School and Intermediate Education in the year 1979. She claims that she must have succeeded at the examination but the respondent-Board withheld announcement of her result. By means of a letter dated 10th October, i979, she enquired from the Board as to why her result had not been announced. By an order dated 14th October 1979, she was informed that her result had been detained because she was not qualified to appear at the Intermediate Examination, apparently since she had not passed the Vidya Vinodini Examination with advanced English from either of the two Vidyapiths The petitioner prays for a suitable writ, order or direction in the nature of mandamus directing the Board to declare her result of the Intermediate Examination for the year 1979.
(3.) The petitioner's claim has been resisted by the Board and a counter affidavit has been filed wherein it has not been denied that candidates who had passed the Vidya Vinodini Examination from either of the two Vidyapiths with advanced English as one of the subjects till the year 1964 were qualified to be admitted to the Intermediate Examination. According to the counter affidavit, however, the entire records of the Vidyapith situated at 556, Daraganj, Allahabad, were shifted to the Vidyapith which had its office at 106 Hewett Road by the time the-petitioner appeared as a candidate for the Intermediate Examination and when enquires were made from the office of the Vidyapith situate at Hewett Road, a communication was received under the signature of its Registrar to the effect that the application forms and result-sheets of the Vidyapith with its office at 556, Daraganj, for the year 196i had been received there and that it revealed that in that year the total number of candidates who had appeared for the Vidya Vinodini Examination with advanced English was 1064 and that there was no mention therein that any candidate bearing the name Meena Devi with Roll No. 1192 had passed the examination. According to the counter-affidavit filed on behalf of the Board, it was inferred that the certificate produced by the petitioner was a forged one and did not qualify her to appear at the Intermediate Examination of the Board.;


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