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Om Kumar Basnet v. State Of U.P. And Others - WRIT - C No. - 49606 of 2007 [2007] RD-AH 16443 (8 October 2007)

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Court No. 33

Civil Misc. Writ Petition No. 49606 of 2007

Om Kumar Basnet


State of U.P. and others

Hon'ble V.K. Shukla,J.

Petitioner has filed present writ petition for quashing the order dated 21.09.2007 issued by Secretary Madhyamik Shiksha Parisad. Petitioner is citizen of Nepal and passed his High School Examination from Nepal in the year 1982. Thereafter petitioner appeared in Intermediate Examination held in the year 1985 conducted by the Madhyamik Shiksha Parisad, Allahabad as private candidate and his examination form was forwarded by Sharda Devi Higher Secondary School, Nawadhiya Tarhar, Allahabad and when result of the said examination was declared petitioner was shown to have failed with C.P. remark. Petitioner submits that incorrectly he has been shown C.P. remark whereas fact of the matter is that he has undertaken examination in question. Petitioner has contended that he represented on 11.05.1985 for rectifying the correction. Thereafter he represented the matter on 12.09.1987 and thereafter on 05.06.1990 and 05.12.1995 for declaration of his result. Petitioner thereafter contended that he has made various representation pm 07.07.1998, 10.09.2001 15.12.2006 and thereafter lastly on 03.09.2007 and then impugned order has been passed.

This fact has not been disputed that petitioner has appeared in the Intermediate Examination in the year 1985. Representation which have been moved by the petitioner from time to time is not statutory representation and last purported representation has been moved on 21.09.2007 and qua the same information has been furnished to the petitioner that as per tabulation chart his result was in withheld category and he was absent in elementary Hindi Ist paper, Education Ist and IInd paper. Once this is the factual position as per record available and entire record in respect of petitioner stands weeded out then as far as Madhyamik Shiksha Parisad is concerned after such long period the view which has been taken by the Secretary Madhyamik Shiksha Parisad, Allahabad cannot said to be arbitrary and unreasonable view. Consequently writ petition as it has been framed and drawn lacks substance, inasmuch as petitioner has not at all been vigilant to his right and the representations which have been moved same are neither here nor there.

Consequently this Court refuses to interfere with the said view as such writ petition is dismissed.

Dated :08.10.2007



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