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Varun Prakash Shukla v. State Of U.P. & Others - WRIT - C No. - 40883 of 2007 [2007] RD-AH 16354 (4 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).



Hon'ble V. K. Shukla, J.

Petitioner has filed present writ petition for quashing of the order declaring his result of High School Examination-2007 as failed, on account of the fact that he had been shown to have been awarded only 18 marks in Sanskrit subject instead of actual marks. On 30.08.2007, this Court had asked the learned Standing Counsel to file counter affidavit and produce answer sheet of Sanskrit subject. Today, answer sheet in question has been produced, and it has been informed by learned Standing Counsel that actually petitioner has received 78 marks, but on account of wrong tabulation, he has been shown to have received only 18 marks in Sanskrit subject instead of actual marks. Such lapses on the part of Madhyamik Shiksha Parishad, the examining body, should not be permitted to go lightly. Madhyamik Shiksha Parishad should ensure that such lapses are not repeated in future. Had petitioner not knocked the door of High Court, he would have been deprived of the result commensurate to his performance. For the fault and lapses of the examining body, petitioner has been compelled to rush to High Court and has been victim of mental agony by incorrect tabulation of marks.

In these circumstances and in this background, Secretary, Madhyamik Shiksha Parishad, U.P. at Allahabad, is directed to see that, in case till date revised mark-sheet has not been issued to petitioner, the same is supplied to him within one month from the date of receipt of a certified copy of this order. Respondent Madhyamik Shiksha Parishad, U.P. at Allahabad is further directed to issue an account payee cheque for an amount of Rs.20,000/- in favour of petitioner's father, within one month from today. However, it will remain open to Madhyamik Shiksha Parishad to recover the said amount from the person/persons, who is/are guilty and responsible to put the petitioner to such harassment, and also to take disciplinary action against such erring officials.

With above observations and direction, writ petition is disposed.


SRY. (40883/07)


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