- (1.) Farookh Khan is before this Court assailing the validity of the order dated 23.11.2015 passed by learned Single Judge of this Court in Writ C No.63916 of 2015 (Farookh Khan vs. State of UP and 3 ors).
(2.) Record in question is reflecting that the petitioner had submitted examination form of High School Examination, 1996 conducted by the respondent no.2 from Shri Nain Singh Higher Secondary School Shivali, District Bulandshahr as private student. After submission of aforesaid examination form in question, roll no.7392820 was allotted to him and an admit card was also issued in his favour. It has been claimed that he had appeared in the said examination with subjects of Hindi, English, Math-II, Science-II, Social Science and Biology. Thereafter it has been contended that after appearance in the said examination the petitioner went to Mumbai in the month of May, 1996 for earning livelihood as well as employment.
(3.) In this background, the petitioner has proceeded to file Writ C No.63916 of 2015 for a direction commanding the respondent no.2 to declare the result of High School Examination 1996 of the petitioner and issue the mark sheet and certificate of the said examination forthwith. Learned Single Judge has proceeded to dismiss the writ petition on 23.11.2015 with following observations:- "In the writ petition, it is alleged that the petitioner had appeared in the High School Examination, 1996 conducted by the Board of High School and Intermediate, Allahabad. It is claimed that his result was not declared and on 1 July 2015 he tried to get information from the office of the fourth respondent. He was informed that the result has not been declared. It is further stated in the writ petition that some students, who appeared in Intermediate Examination, 1996 from the same institution, had filed writ petition before this Court, which was allowed by judgment dated 23 March 2004 and the said order was affirmed in Special Appeal No. 1183 of 2009. However, counsel for the petitioner very fairly admits that the said judgment was in relation to the Intermediate Examination, 1996 and not the High School Examination, 1996, in which the petitioner claims to have appeared. Further, in that case, the students had approached this Court in the year 1996 itself. However, in the instant case, this Court finds that the petitioner slept over the matter and has approached this Court after 19 years for issuance of a writ of mandamus direction the respondents to declare his result and issue marks sheet of High School Examination, 1996. The only explanation given in the writ petition regarding gross delay and laches on part of the petitioner in approaching this court is in paragraph 13 of the writ petition, where it is stated that the petitioner tried to get a driving licence, but he was informed that for such purpose, High School certificate would be required. Thereafter, he claims to have made a representation on 30 September 2015 to the second and the third respondents and when no action has been taken, he has preferred the instant petition. The explanation given is not acceptable. This Court is of the opinion that the petitioner is guilty of gross and inordinate delay in preferring the writ petition. Accordingly, the writ petition is dismissed.";