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Anuj Kumar v. Madhyamik Shiksha Parishad, Allahabad Thru' Its Secretary - WRIT - C No. 10950 of 2006  RD-AH 8558 (28 April 2006)
Court No. 7
Civil Misc. Writ Petition No. 10950 of 2006
Madhyamik Shiksha Parishad, Allahabad & Others
Hon'ble Rakesh Tiwari, J.
Heard counsel for the petitioner and the respondents.
Issue notice to respondent no. 3.
Apart from normal mode of service by R.P.AD. the petitioner shall take steps for personal service upon respondent no. 3-College within 3 days. The personal service shall be affected within two weeks from today and affidavit of personal service shall be filed within one week thereafter. Counter-affidavit by the Principal of the respondent no.3-College shall be filed within a period of one month from the date of receipt of notice. The petitioner may file rejoinder affidavit within one week thereafter.
List this case in July, 2006.
Smt. Manju Sharma, Regional Secretary, Madhyamik Shiksha Parishad, Meerut is present in Court in pursuance of order dated 12.4.2006. She states that the petitioner has been given average marks in Maths Ist Paper, i.e., 21. The petitioner is informed to have passed High School Examination according to the marks.
It appears that the petitioner is punished for no fault on his part as the answer book of Maths Ist Paper of the petitioner was either not traceable by the respondent-Board or was not examined and they awarded zero marks to the petitioner in the aforesaid paper.
Examination of Class XI is a Home Examination which leads to final examination of Board in Class XII. There is no fault of the student and his one precious year cannot be permitted to go waste due to fault of the Board authorities.
In the facts and circumstances of the case, the Court feels that it would be appropriate that the petitioner be given admission in Class XII as the examination of Class XI is over and is a Home Examination and the next academic session has already started. His absence for the in-between period is condoned.
In the circumstances of the case, this Court in order to prevent miscarriage of justice and to ensure that justice is done to the petitioner exercises its extraordinary jurisdiction under Article 226 of the Constitution and directs the respondents to admit and permit the petitioner to appear in the forthcoming Class XII Examination. However, it is made clear that the relief granted in this case will not be a precedent in any other case.
The personal appearance of respondent no. 2 is exempted.
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