SMT. SHASHI TYAGI & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Smt. Shashi Tyagi & Others v. State Of U.P. & Others - WRIT - C No. 21113 of 2007 [2007] RD-AH 11203 (4 July 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 33.

Civil Misc. Writ Petition No. 21113 of 2007

Smt. Shashi Tyagi                        ...                            Petitioner

Versus

State of U.P. and others.              ...                            Respondents.

Hon. Sunil Ambwani, J.

Heard learned counsel for the  petitioner.  Sri K.S. Kushwaha appears for the respondents.

Sri Kushwaha has filed affidavit of Sri Anant Kumar Singh, Secretary, Secondary Education, Government of U.P., Lucknow and Sri Sanjay Mohan, Director of Education (Secondary) U.P. Lucknow  to explain the circumstance in which the dates for advance registration in the year 2005 by regular students for appearing in the High School Examination in the next year i.e. 2006 was extended.  Sri Kushwaha states that the directions of the Division Bench in Inter College Kusmaul, Gorakhpur Vs. State of U.P. and others ( 2006(1) ESC 472) were given on 6th January, 2006 whereas the dates were extended much earlier on account of demand made by public representatives and on the basis of similar extensions given in the previous year.  The State Government in a high level meeting considered the difficulties and had extended the dates by 31.12.2005.  It is contended that thereafter the directions issued by the Court and the regulations framed by the State Government with  U.P. Intermediate Education Act, 1921 are being strictly followed.  The affidavits are taken on record and the personal presence of the officers is exempted.  The Court has accepted the explanation with a observation that the observations of the Division Bench to avoid unnecessary delay and harassment of the students.

In the present case the last date for filling up the  registration forms and deposit of registration fee  for the High School examination  2006 was extended upto 31.12.2005.  The form and registration fees by the Principal, who is arrayed as petitioner no. 1, for the students who have joined petitioner nos. 2 and 3 were deposited on 2.1.2006.  All the three petitioners have not given good and sufficient

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explanation for delay in depositing the form and registration fees.  It is hard to believe that a Principal of a High School was not aware of the last date and extended date for filling up form and registration fees.  In any case now the results of the students have been declared  as a private candidate after depositing difference of registration fees. The petitioners have to blame themselves for the delay in depositing forms and increased registration fees, and to be treated as private candidate and its consequences.

The writ petition is  dismissed.

Dt. 4.7.2007.

BM/-wp 21113-07

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