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Anu Safiyan v. U.P.H.S & I.M.Board - WRIT - C No. - 17393 of 1985 [2007] RD-AH 16938 (26 October 2007)

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Court No.34

Civil Misc. Writ Petition No.17393 of 1985

Anu Sufiyan and another v. U.P. High School and

Intermediate Board, Allahabad

Hon'ble R.K.Agrawal, J.

Hon'ble Saroj Bala, J.

(Delivered by R.K.Agrawal, J.)

By means of the present writ petition, the petitioner is challenging the order dated 16.9.1985 passed by the Secretary, Madhyamik Shiksha Parishad, U.P., Allahabad, (hereinafter referred to as "the Parishad") whereby the petitioner had been directed to deposit a sum of Rs.5,632.60P. and a penalty of Rs.1,000/- in the government account being the cost of the answer books provided by the Parishad for Board examinations, which have been used in the home examination.

The ground of challenge is that neither any show cause notice nor any opportunity of hearing was given before imposing the aforesaid penalty.

In the counter affidavit filed by the respondent, it has been stated that full opportunity was given.

As the matter relates to the year 1985 and there is an interim order which had been passed on 30.10.1985, is operating, taking into consideration that 22 years have passed, the writ petition is disposed of with a direction to the petitioner to deposit only Rs.5,632.60P. being the cost of the answer books which have been used in the home examination. This direction is being given on the ground that in the counter affidavit it has been stated that an enquiry was conducted on 15th and 27th of June, 1985 and it was found that the answer books have been used in the home examinations.

In view of the aforesaid discussions, the order dated 16.12.1985 is modified. The direction for deposit of Rs.1,000/- as penalty, debarring the institution from being the examination centre for a period of three years and debarring the petitioner as examiner for a period of 10 years, are set aside.

The writ petition is partly allowed.




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