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Khembandhu Aryal & Others v. Board Of High School & Intermediate Education & Others - WRIT - C No. 6823 of 2000  RD-AH 2498 (1 February 2006)
HON. SHISHIR KUMAR, J.
The petitioners appeared in the Intermediate Examination in the year 1996 as private candidates in Art subject from Kissan Higher Secondary School, Thatheri Bazar, Siddharth Nagar after fulfilling the requisite formalities. The result of other candidates was declared but the result of the petitioners has not been declared and it was shown in the category ''C'. The petitioners approached the authorities to this effect regarding declaration of the result. Then it came to their knowledge that as the examination-fee has been deposited by the petitioners late and the Transfer Certificate of Class-11 has not been submitted, as such the result of the petitioners has been withheld. The petitioners submit that they approached the authorities several times, but no orders have been passed. Even the result of the petitoner has not been declared. The petitioners received a notice from the Board dated 12.5.2000 stating therein that the result of the petitioners which was withheld, has been declared and the petitioners can take their mark-sheets from the office. A copy of the same has been annexed as Annexure-7 to the supplementary affidavit. The petitioners submit that on the basis of the aforesaid letter when they contacted the relevant authority i.e. Secretary, the competent authority has refused to give any mark-sheet and has not issued the mark-sheets. Due to the inaction of the respondents the petitioners have filed the present writ petition.
The grievance of the petitioners is that they were permitted to appear in the Intermediate Examination from the aforesaid institution as a private candidate and admit cards were issued to the petitioners and on that basis the petitioners have appeared in the examination. If the case of the respondents is accepted that the examination-fee has been deposited after the due date as the petitioners have been permitted to appear in the said examination, that cannot be a ground for not declaring the result of the petitioners. Further submission of the petitioners is that the petitioners are ready to deposit the late fee in case the respondents demand it.
A counter affidavit has been filed in which it has been stated that the result of the petitioners has not been declared due to the fact that the petitioners have deposited the examination fee after the due date and one of the reasons as stated is as the petitioners have not submitted the Transfer Certificates with the application, therefore, their result has not been declared. The Standing Counsel has filed a supplementary counter affidavit in para 4 of which it has been stated that the intimation alleged to have been annexed as Annexure-7 to the supplementary affidavit is a forged document and the same has never been issued from the office of the respondents. Further submission made on behalf of the Standing Counsel on the basis of the said supplementary counter affidavit is that the petitioners were never permitted by the Board to appear in the said examination. The petitioners have appeared in the said examination only by the Principal of the institution.
I have heard the learned counsel for the petitioners and the Standing Counsel and have also perused the record. From the record it is clear that admit card was issued in favour of the petitioners and the petitioners were permitted to appear in the said examination. From para 4 of the counter affidavit it also appears that the result of the petitioners has not been declared only on the ground of depositing the examination fee after the due date and due to the fact that the petitioners have not submitted their transfer certificates but in the supplementary counter affidavit, the respondents have changed their stand which has already been taken in the counter affidavit. Without going into the controversy stated by the respondents, it will be appropriate that the petitioners will submit an application with complete documents before respondent no.1 and the respondent no.1 is directed to look into the matter and grievances of the petitioners taking into consideration the fact that the petitioners have already appeared in the examination on the basis of the admit cards issued from the office of the respondents and he will also consider the grievance of the petitioners to this effect that as stated in the counter affidavit that the result of the petitioners has been withheld only on the ground that the examination fee has been deposited after the due date. If that is so, the result of the petitioners be declared by respondent no.1 and if there is something otherwise, then the respondent is directed to pass a detailed and reasoned order according to law after verifying the various records within a period of one month from the date of production of a certified copy of this order before him.
With these observations the writ petition is disposed of. No order as to costs.
W.P. 6823 of 2000
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