Court No. - 24 Case :- MISC. SINGLE No. - 3657 of 2010 Petitioner :- Vijay Kumar S/O Sukhbasi Lal Respondent :- State Of U.P. Thru Secretary Secondary Education & Ors. Petitioner Counsel :- S.S. Imam Rizvi Respondent Counsel :- C.S.C. Hon'ble Rajiv Sharma,J.
Learned Counsel for the petitioner submits that the petitioner has
appeared in Intermediate Examination, 2010 through Mahatma Jyotiba
Rao Phooley Rajkiya Swachhkar Aashram Paddhati Mohan Road
conducted by the Board of High School and Intermediate Education,
Allahabad, Uttar Pradesh. He was allotted Roll No. 0489281 as regular
student. He submits that when the result of the Intermediate
Examination, 2010 was declared, he was shocked to know that he was
declared unsuccessful in English II paper and as such, the petitioner
has filed the instant writ petition for a direction to the opposite parties to
re-evaluate the answer-sheet of English II paper pertaining to the
petitioner.
In order to verify the contents of the writ petition, this Court, vide order
dated 17.6.2010, directed the learned Standing Counsel to produce the
petitioner’s answer book of English II paper. In compliance thereof,
learned Standing Counsel has produced the answer-book of English II
paper on 14.7.2010 but on perusal of the answer-sheet, it reflects that
certain pages are torned out and there is a report to the same effect by
the Examiner, who has examined the aforesaid paper and as such, in
order to verify the fact as to under what circumstances, the certain
papers were torned out, this Court directed the petitioner to appear in
person today.
Today, in compliance of the order dated 14.7.2010, petitioner-Vijay
Kumar appeared in person and states that he has not torned out the
pages of the answer sheet of English II paper but while he was writing
the aforesaid papers and the time was going to expire, Principal of the
College, where his centre was allotted, came and snatched the copy of
the aforesaid paper from him. He was not aware as to whether the
pages of the aforesaid paper was torned out in the college or not. He
further states that he has answered question No. 5, which pertains to
the translation from Hindi to English in those pages, which are torned
out.
Let Principal of the College, where the petitioner had given Intermediate
Examination, 2010 and Additional Secretary, Board of High School and
Intermediate Education, Uttar Pradesh, Allahabad appear in person on
the date fixed to show cause as to under what circumstances the pages
of the answer-sheet of English II paper of the petitioner has been torned
out.
List the matter on 26.7.2010.
The Bench Secretary is directed to seal the records, which have been
produced by the learned Standing Counsel and remit the same before
the Registrar of this Court. Registrar is directed to produce the sealed
cover record on the date fixed before this Court.
Order Date :- 16.7.2010
Ajit/-