- (1.) AFFIDAVITS have been exchanged between the parties.
(2.) HEARD learned counsel for the petitioner and learned Standing Counsel. The petitioner appeared as a private candidate along with 10 other girls at the Shri Gandhi Intermediate College, Airwa Katra, Etawah, for the Intermediate examination, 1986. All the girls including the petitioner had appeared at the centre under the authority of the Principal, Janta Vidyalaya Inter College, Barona Kalan, Etawah. The result of all the aforesaid 10 girls was duly declared by the respondent, but in the marksbeet issued to the petitioner she is shown as absent in Urdu 1st paper. According to the petitioner this entry of absence in the marksheet is wrong as she was very much present and had taken the examination in Urdu paper I. The petitioner had filed a representation to the respondent on 1-8-1986, but no action has yet been taken. In the counter it is not denied that the petitioner had appeared in Urdu paper I of the examination. But the stand of the Board is that her result in the said paper was not declared as she had appeared at the examination from an unauthorised centre. This stand of the respondent is entirely misconceived as the petitioner had appeared at that very centre in paper II and marks have been duly awarded by the respondent in paper II as would be evident from Annexure 1. It is also not denied in the counter that the result of the other 10 girls who appeared along with the petitioner at the same examination and at the same centre has been declared. Learned counsel for the petitioner has rightly submitted that the action of the Board in declaring the result of the other 10 girls and not declaring her result in paper I is discriminatory and arbitrary. On consideration we agree with the counsel's contention that the result of the petitioner in paper I has been wrongly withheld by the respondent.
(3.) IN the result this writ petition is allowed. We direct the respondent to declare the result of the petitioner and issue a fresh marksheet to the petitioner showing the marks awarded to her in Urdu paper I within four weeks from the date a certified copy of this order is produced before the respondent. A certified 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.;