S.D. Agarwal, B.N. Misra, JJ. - (1.) This writ petition under Article 226 of the Constitution of India is directed against the Board of High School and Intermediate Education, U.P. Allahabad for a direction in the nature of mandamus commanding the respondents to declare the completed result of the petitioner on 20th October 1986 time was granted to the respondent Board to hie a counter affidavit by 27-10-86. More than two months, time have already elapsed but no counter affidavit has been filed learned Standing Counsel prays for further time but in the interest of justice we reject this prayer.
(2.) The petitioner appeared in the Intermediate Examination conducted by the Board of U P. Allahabad in the year 1984. When the result was declared and the mark sheet was delivered, the petitioner's result was withheld on the ground that she did not appear in the first paper of subject vocal music.
(3.) In Para 6 of the writ petition it has been stated that the petitioner was not absent but in fact she did appear in the first paper of vocal music. The Principal of the College has given a certificate to that effect. Since no counter affidavit has been filed the averment made in the petitioner has to be accepted Since the petitioner did appear in the first paper of vocal music it was not justified on the part of the respondent Board to have withheld the result of the petitioner.;