R.N.Gurtu, J. - (1.) This is an appeal from a judgment of a learned single Judge of this Court given in Civil Miscellaneous Writ No. 2292 of 1957.
(2.) The petitioner, according to his affidavit filed in support of his petition, appeared in the High School Examination held by the Board of High School and Intermediate Education, U. P., (hereinafter called the Board) in March, 1955, and passed the same. Subsequently he appeared in the Intermediate examination held by the Board in March, 1957. According to the affidavit, the petitioner received a letter from the District Inspector of Schools on the 30th of May, 1957, which greatly surprised him. We will quote the relevant part of this letter, which is : "Has the honour to ask him to present himself just when he is in receipt of this registered letter before the undersigned for making some inquiry with him." The petitioner states in his affidavit that the result of the Intermediate examination for 1957 was published in the papers in June, 1957, but his name and roll number were not found therein. The petitioner swears that in compliance with the said letter of the District Inspector of Schools he appeared before the said District Inspector on or about the 8th of July, 1957. According to the affidavit, the District Inspector of Schools did not accuse the petitioner of any misconduct in connection with his examination of March, 1957, but he put to him certain questions, namely, whether his name was Ram-krishna Verma or Ram Kishore Verma; and whether he was ever rusticated from Nehru Intermediate College. He was also asked his age and his father's age. According to the petitioner's affidavit, he gave his correct name as Ramkrishna Verma, and further told the District Inspector of Schools that he had never read in Nehru Intermediate College, Bindki, and no question of his rustication arose. The petitioner swears that the petitioner's younger stepbrother Ram Kishore Verma was a student of the VIIIth class in 1953 in the Nehru Intermediate College, Bindki, and that he namely, his stepbrother was rusticated for one year. He swears that interested persons by misrepresentation have informed the District Inspector of Schools that it was he (the petitioner) who had been rusticated from the aforesaid institution. The petitioner swears that from the centre of his examination on enquiry he learnt that his result had been withheld, although he had passed the examination and was placed in the IIIrd division. He then swears that in July, 1957, and finally on the 20th of August. 1957, he requested the Board by registered letter to announce his result as he desired to pursue his further studies, but the Board did not pay any heed and that it had not announced the results up to the day the petition was made. The petitioner swears that he was desirous to join the University and in case the result was not announced it would be too late for him to join the University and his educational career would be marred. He also pleaded that the Board had no right to withhold his result.
(3.) Upon these statements the petitioner prayed for a writ of mandamus or other suitable writ, direction or order to be issued to the Board to announce the result of the petitioner. He also asked that he be awarded his costs of the petition. There was a prayer for an interim direction or order to be issued to the respondent No. 1, namely, the Board, to announce the result of the petitioner provisionally subject to the result of the writ petition and pending its disposal.;