RAMESH CHANDRA MAURYA Vs. ADHIKSHAK, GRADE 2, MADHYAMIC SHIKSHA PARISHAD, U.P., ALLAHABAD AND OTHERS
LAWS(ALL)-1992-4-132
HIGH COURT OF ALLAHABAD
Decided on April 16,1992

RAMESH CHANDRA MAURYA Appellant
VERSUS
Adhikshak, Grade 2, Madhyamic Shiksha Parishad, U.P., Allahabad And Others Respondents

JUDGEMENT

P.P. Gupta, J. - (1.) The petitioner Ramesh Chandra Maurya appeared in the High School Examination in the year 1981 conducted by the Secretary, Board of High School and Intermediate Examination, Allahabad, respondent No 2. His result was withheld allegedly for using unfair means. A show-cause notice was served upon him asking him to appear on 18th October, 1981 before the enquiry Committee. In pursuance of the said notice, the petitioner appeared where he was given prescribed from stating therein that there is suspicion regarding one question carrying total marks in Chemistry Numerical Paper which was alleged to have been solved by the petitioner by adopting unfair means. The petitioner denied the charge and asserted that he had solved the question of his own and was rightly awarded marks After conclusion of the said enquiry, neither any information was given to the petitioner nor to respondent Nos. 3 and 4. The petitioner was given marks sheet of the High School Examination wherein there was no reference about the result of the enquiry. A copy of the High School marks sheet is Annexure 2 to the writ petition. The respondents No. 5 and 4 were satisfied that the petitioner had been exonerated in the enquiry by the Examination Committee and, therefore, the petitioner was admitted as a regular student in XI class by respondent No. 3. He passed XIth class from Vibhuti Narayan Rajkeeya Inter College in the year 1981-82. Thereafter, he was allowed to appear in the Intermediate final examination by respondent No. 2 in the year 1983. He passed the said examination. A photostat copy of the marks sheet is Annexure 3 to the writ petition. After passing the Intermediate Examination, the petitioner applied for transfer Certificate which he was given on 21-7-1985 (Annexure 4 to the writ petition). On the basis of the Transfer Certificate issued by respondent No. 3, the petitioner joined B. A. Part I in the Kaahi Naresh Mahavidyalaya, Gyanpur, Varanasi affiliated to the Gorakhpur University in the year 1983-84. He, however, failed in the examination but passed the B. A. Part I Examination next year. Subsequently he passed B. A. Final Examination in the year i966. Annexure No. 5 is the copy of the marks sheet and Annexure No 6 is the copy of B. A. Degree. Subsequently no got admission. In M. A. (History) and passed M. A. Final Examination in the year 1980. Copies of marks in his M. A. (Previous) and M. A. (Final) Examination are Annexures No. 7 and 8. He again got admission in LL.B. Part I in C M.P. Degree College, Allahabad where he is pursuing his studies.
(2.) The petitioner was given the certificate of Intermediate Examination by respondent No. 2 but the High School Certificate was not given to him The petitioner on the advice of respondent No. 3 made an enquiry in the office of respondent No. 2 where he was informed that his High School examination of the year 1981 had been cancelled. A copy of the order dated 4th January, 1981 passed by respondent No. 2 is Annexure No. 10 to the writ petition. Feeling aggrieved from this order, the petitioner has filed the present writ petition.
(3.) Despite time having been granted to the respondents on several occasions, no counter-affidavit has been filed so far. Therefore, with the consent of the parties, the writ petition was finally heard at the stage of admission.;


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