- (1.) THOUGH time was granted on 24-3-1987 to the State Government to file counter, no counter has yet been filed.
(2.) HEARD learned counsel for the petitioner and learned Standing Counsel. The petitioner's case is that he had appeared as a private candidate for the High School Examination, 1986, at the Sarvajanik Intermediate College, Dasser, Allahabad. It is submitted that before the said examination he had been assigned roll no. 1277255 and admit card was also issued to him on the strength of which he took his examination. Thereafter in June, 1986, the result of the examination was published and he was declared to have been passed in the 2nd division. However, when the petitioner failed to obtain his marksheet and the pass certificate by the end of the year, he made enquiry and learnt that his appearance at the examination and result had been cancelled on the ground of late submission of the application to take the examination. Counsel for the petitioner urged that once the petitioner was allowed to appear at the examination, cancelling his result on the trivial ground of late submission of examination application form was not proper. In support of this contention our attention has been drawn to a Bench decision of this Court reported in 1983 UP LB EC 135 = 1982 Education Cases 293, Muzaffar Ansari v. Board of High School and Intermediate Education, U. P., Allahabad, wherein in almost similar circumstances the court held that late submission of form was a defect of a very trivial nature and should be ignored once the candidate has been allowed to take the examination. The aforesaid decision has full application to the facts of this case. Here also the result of the petitioner has been cancelled and it is stated by the petitioner that according to his own information received from the authorities, his result was cancelled solely on the ground of late submission of the examination application form.
(3.) IN the result we allow this writ petition and the decision of the Board to cancel the result of the petitioner's examination is quashed. We direct the respondent to issue the marksheet and pass certificate to the petitioner on the basis of the result as declared in June, 1986. There shall be no order as to costs. A copy of this order may be made available to the learned counsel for the petitioner on payment of usual charges within three days. Petition allowed.;