Yashoda Nandan, J. - (1.) The petitioners appeared as private candidate at the Intermediate Examination held by the Board of High School and Intermediate Education in the year 1980.
(2.) Petitioner no. 1 was allotted Roll no. 613564 while petitioner no. 2 Roll No. 613565. Both the petitioners had been registered as the private candidate at Acharya Narendra Deo Inter College Pathardewa, Deoria. Petitioner No. 1 deposited the requisite fee, according to the allegations made in the petition, on the 29th October, 1979 vide treasury challan No. 156 in the State Bank of India, Deoria though the last date for depositing the same without any late-fee was 30th October, 1979. It is alleged that the petitioner no. 2 deposited the requisite fee vide treasury challan no. 104 dated 15th October, 1979. Admit cards were issued to the petitioners for appearing at the Intermediate Examination for the year 1980 and they did appear as candidate at the aforesaid examination from the centre indicated in the admit cards, namely, from Jitendra Smarak Intermediate College Narainpur Kothi Shanker Patkhauli, district Deoria. When the results of the candidates who had appeared at the Intermediate Examination for the year 1980 were published in the newspaper the petitioners found their roll numbers missing therefrom. The petitioners alleged that inspite of the repeated enquiries made from the office of the Board they were not made aware as to why their results had not been published inspite of the fact that they had passed the Intermediate Examination of the year 1980. The petitioner pray for a wait in the nature of mandamus directing respondent no. 1 to declare the results of the petitioners of the Intermediate Examination held in the year 1980. They further prayed for a writ in the nature of certiorari quashing the decision of any of respondent no. 1, cancelling the results of the petitioner.
(3.) When this petition was presented in this Court on the 18th September, 1981 the Division Bench which entertained it ordered it to be listed for admission on the 23rd September, 1981 and directed the Chief Standing Counsel for the State of U.P. to obtain requisite instructions from the U.P. Intermediate Education Board. When the petition came up for admission before us the learned Standing Counsel representing the respondent stated that he has filed no counter-affidavit but placed before us all the relevant records relating to the petitioners case. the records disclose that the forms of the petitioners having been received late in the office of the respondent Board had been rejected by it a id the order rejecting the same was communicated to the Principal of the College concerned by means of a letter dated 16th November, 1979. A copy of the letter has been produced before us. Inspire of this the Principal of the centre concerned for one reason or the other issued ad ait cards to the petitioners according to the learned Standing Counsel and consequently they managed to appear at the Intermediate Examination inspite of their application forms having been rejected by the Baird. From the records produced by the learned Scantling Counsel the petitioners application forms were received by this Board in February, 1980 though the last date for receipt of the forms was 15th November, 1979.;