S.D. Agarwala, B.N. Misra, JJ. - (1.) The petitioner appeared in the High School Examination, 1984 from the centre Karan Singh Uchchtar Madhyamic Vidyalaya, Baroda with Roll No. 0632678. When the result was declared the petitioner was also declared passed in III division and the mark-sheet was issued to the petitioner. After the petitioner was declared as pass he got his transfer certificate from the centre in which he was studying and got his admission in the Intermediate class. When the petitioner was studying in the Intermediate final class he was informed by the Principal of the School where he was studying that now the petitioner has in fact failed in the High School Examination, 1984. This was communicated to the petitioner almost after two years after the declaration of his result. In the meanwhile the petitioner had been studying in the Intermediate class.
(2.) The petitioner, consequently, filed the present writ petition for a direction to the Board of High School and Intermediate Education, U.P., Allahabad that he may be permitted to appear in the Intermediate Examination and that he be not declared as failed in the High School Examination. The petition was filed on 27-2-1986. On that day this Court granted three weeks'time to the learned Standing Counsel for filing a counter-affidavit. Now almost a year has elapsed but no counter-affidavit was filed. Learned Standing Counsel today prayed for further time to file counter-affidavit. Since the examination are approaching we do not thing it proper in the interest of justice to grant any further time as sufficient time has already been granted earlier.
(3.) It is not disputed that the petitioner was declared as passed earlier in the High School Examination of 1984 and on the basis of the result the petitioner attended the Intermediate classes for almost two years. Once having declared the result the Board was estopped from recalling the result and thereafter declaring the petitioner as also failed almost after two years. This cannot be done and this will greatly affect the career of the petitioner who had already studied for two years by attending the classes in the Intermediate.;