Rakesh Tiwari - (1.) -Heard counsel for the petitioner and perused the record.
(2.) THE petitioner has come up in this writ petition for the following reliefs : (1) issue a writ order or direction in the nature of certiorari quashing the impugned order dated 5.12.2005, passed by the respondent No. 1 (Annexure-6 to the writ petition). (2) issue a writ order or direction in the nature of mandamus directing the respondent No. 2 to issue pass certificate of High School Examination, 1997 to the petitioner without any favour only one other order. (3) issue any other writ order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case. (4) award cost of the petition to the petitioner." By order dated 9.5.2006, learned counsel for the petitioner was granted time for filing rejoinder-affidavit by 16.5.2006. On that date he again prayed a week time for filing rejoinder-affidavit. It was allowed. Now when the case is listed today after about 20 days, still no rejoinder-affidavit has been filed and the counsel for the respondents is praying for further time, which is rejected. By impugned order dated 5.12.2005, the result of the petitioner has been withheld for mass copying and cancelled for submitting forged T.C. and mark sheet for admission in High School Examination, 1997.
(3.) IT appears from the paragraph 3 of the counter-affidavit that the petitioner had taken admission on the basis of forged T.C. and mark-sheet. An investigation was conducted and it was found that the result of the 1043 candidates was withheld for taking admission on the basis of forged T.C. and mark-sheet and result of 92 candidates withheld for mass copying who had appeared from Vijay Uchchtar Madhyamik Vidhyalaya, Chaukari Chaura, Ghazipur. The petitioner had taken admission in the aforesaid college on the basis of forged T.C. and mark-sheet and his result was also withheld for mass copying. After investigation the result of the petitioner was cancelled for the aforesaid illegality. The averments in the counter-affidavit are unrebutted. Paragraph 3 of the counter-affidavit is as follows : ...[VERNACULAR TEXT OMMITED]...;