R.A. Sharma, J. - (1.) Petitioner appeared in the High School Examination of 1992 from R. N. Inter College, Moradabad. Before the result of the High School could be declared by the Board of High School and Intermediate Education, U. P. (hereinafter referred to as the Board), petitioner applied for admission in polytechnic run by the Government, in pursuance of the notification, according to which a candidate, who has appeared in the High School Examination and whose result has not been declared, is also eligible to appear in the combined entrance test for admission in Polytechnic. Petitioner appeared in the combined entrance test and was declared successful. Direction was accordingly issued for admitting him in Polytechnic, at Hardoi. In pursuance of the order of admission petitioner was required to submit requisite certificate/papers on 29-8-1992 ; but before that date the High School result was declared on 30-7-1992 in which he was declared to have failed. Petitioner applied for scrutiny before the Board. Although he was declared successful in the combined entrance test for admission in polytechnic, but he could not be admitted after he has failed in the High School Examination He applied for scrutiny before the Board, and no action having been taken in connection therewith, he represented before it for declaring the result of the scrutiny at the earliest so that his career may not be jeopardised. Petitioner also made a representation before the respondent No. 1 mentioning therein that he has applied for scrutiny and he has all the hope to pass the High School Examination and on that basis the respondent was requested to keep one vacancy for admission of the petitioner in Government Polytechnic, Hardoi. However, no action appears to have been taken by the respondent on the representation. On 8-2-1993 result of the scrutiny of the petitioner was announced and the petitioner was declared to have passed the High School Examination, 1992 in 2nd division. Therefore, he requested the respondent No. 2 for admission, as he has passed the High School Examination, but same was. refused on the ground that he has failed to produce the High School certificate on or before the 29-8-1992.
(2.) Respondents have filed counter-affidavit and petitioner has filed rejoinder affidavit in reply thereto. I have heard learned counsel for the parties.
(3.) It is true that petitioner was required to submit the High School certificate before the respondent No. 2 by 29-8-1992 and he failed to do so ; but it was on account of the declaration of the High School result by the Board on 30-7-1992, whereby he was declared to have failed. From the result of the scrutiny it is clear that petitioner was wrongly declared to have failed. It was the mistake of the Board, which was corrected in the scrutiny Petitioner cannot be made to suffer for the mistake of the respondents. Equity, as such, has to be adjusted so as to undo the wrong caused to the petitioner.;