KM SUMITRA SOLANKI Vs. SECRETARY MADHYAMIK SHIKSHA PARISHAD ALLAHABAD
LAWS(ALL)-1999-8-163
HIGH COURT OF ALLAHABAD
Decided on August 23,1999

KM.SUMITRA SOLANKI Appellant
VERSUS
SECRETARY, MADHYAMIK SHIKSHA PARISHAD, ALLAHABAD Respondents

JUDGEMENT

A.K.Yog, J. - (1.) Secretary. Madhyamilk Shiksha Parlshad. U. P., Allahabad has filed affidavit in compliance to the order of this Court dated 18th August, 1999. The said affidavit sworn by Kumari Achala Khanna, Secretary, Madhyamik Shiksha Parishad. U. P., Allahabad (for short called 'Board') gives a picture of the Himalayan task which the Secretary has to perform, apart from holding regular examination, in finalizing scrutiny applications.
(2.) This Court has no doubt that the work of finalizing scrutiny applications is as important as the holding of examination itself. After all the system of scrutiny inheres in itself the object of rectifying the mistakes committed by the examiners, who are being appointed by the Board and this mistake of the Board, in fact, is sought to be rectified by filing the scrutiny applications.
(3.) Similar matters have already been decided by passing detailed judgment and order in Civil Misc. Writ Petition No. 34514 of 1999, Km. Sweta Agarwal v. Additional Secretary and another, on 18th August. 1999, wherein a mandamus commanding the respondents to finalise scrutiny applications has already been issued. In view of the mandamus issued commanding in general to consider all the application and publish the result within time bound framework, no further directions are required to issue in this petition. This Court is pleased to note that all the 15 Paragraphs of the affidavit of the Secretary filed on behalf of the Board are sworn on personal knowledge. In Paragraph 14 of the affidavit. Secretary of the Board has stated that in the past, the Board has published scrutiny results in newspapers. This procedure shall be followed in future years. Paragraph 9 of the affidavit of the Secretary shows that a few students by filing writ petitions got priority in the matter of scrutiny irrespective of the consideration of time factor during which such students had submitted their applications- A student, who had applied first, formally his application should be considered first and this sacrosanct principle should not be breached. Keeping in view the said object, I had issued a general writ of mandamus commanding the respondents to consider the application without giving priority, as such, in normal course.;


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