B.Dikshit, J. - (1.) Standing Counsel initially stated that record in this case stands weeded out on 3.1.1998 but immediately thereafter he said that one weeks time to be granted to ascertain correct position. As the Standing Counsel wants to ascertain correct position, let the case be listed for admission on 25.5.1998.
(2.) This Court has been observing for some time past that records are weeded out soon after determination of proceedings for use of unfair means by Madhyamaik Shiksha Parishad, U.P. Similarly, in matters, where scrutiny is applied by students, the Madhymaik Shiksha Parishad, U.P. is weeding out record soon after declaration of result or scrutiny. It is being abserved that the Madhyamaik Shiksha Parishe, U.P. is not Keeping the relevant record even for a reasonable period after determination of proceedings of unfair means or declaration of result in respect of scrutiny, the outcome of which is that when its action is challenged in Court then it is unable to produce the record and thereafter sets up case that it has been weeded out as under law it is required to be kept on record only for six months from the date of declaration of High School or Intermediate Examination results. To avoid hardship to students at is time when appropriate direction be issued to Madhyamik Shiksha Parishad, U.P. to preserve records in respect of use of unfair means and scrutiny for a reasonable period are therefore following direction is issued to Secretary, Madhyamik Shiksha Parishad, U.P., who is custodian of all records, to preserve the records for a reasonable period so that if and when anyone approaches this Court challenging action of Madhyamaik Shiksha Parishad, U.P. the record is available.
(3.) For aforesaid reason the Secretary, Madhyamik Shiksha' Parishad, U.P. by a general direction is directed to preserve the record of each and every candidate appearing in High School or Intermediate Examination conducted by it every year after finalisation of cases in respect of use of unfair means and each and every case of scrutiny for a period of four months from the date of despatch of orders communicating to candidates in cases of use of unfair means and from the date of despatch of result in cases of scrutiny.;