Allahabad High Court High Court

Vidyawati Kushwaha vs U.P. Secondary Edu. Board … on 3 July, 2010

Allahabad High Court
Vidyawati Kushwaha vs U.P. Secondary Edu. Board … on 3 July, 2010
Court No. - 39

Case :- WRIT - C No. - 37990 of 2010

Petitioner :- Vidyawati Kushwaha
Respondent :- U.P. Secondary Edu. Board Allahabad And
Another
Petitioner Counsel :- A.K. Singh
Respondent Counsel :- C.S.C.

Hon'ble Dilip Gupta,J.

The relief claimed by the petitioner, who had appeared at the High
School Examination in 1999, is for rectifying the mistake in the
High School Marksheet by indicating English in place of Urdu
Paper and for awarding marks in English subject.

It is stated in the writ petition that the petitioner had offered Hindi,
English, Home Science, Science-I, Social Science and Civics
paper for the High School Examination 1999. The petitioner was
declared failed. In the marksheet, the petitioner was shown absent
in Urdu though the petitioner had not opted for Urdu and had
opted for English. It is the claim of the petitioner that the
representation was filed before the Board for correction of the
mistake but it has not been rectified.

Learned Standing Counsel appearing for the respondent-Board
submits that the petition is highly belated as it has been filed after
11 years from the date of examination and even otherwise, the
answer books are weeded out after six months from the date of
declaration of the result.

As noticed hereinabove, the High School Examination was held in
the year 1999. If the petitioner was dissatisfied with the declaration
of the result, she should have approached the Court in time but this
petition has been filed with an inordinate delay of 11 years. The
marks in English paper cannot now be awarded since the answer
books are weeded out after six months from the declaration of the
result. No good reason has been given by the petitioner for this
inordinate delay. The petition is liable to be dismissed on this
ground alone.

The writ petition is, accordingly, dismissed.

Order Date :- 3.7.2010
SK