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Om Kumar Basnet v. State Of U.P. Thru' Secy. Madhyamic Education & Ors - SPECIAL APPEAL No. - 1524 of 2007 [2007] RD-AH 17681 (13 November 2007)

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Hon'ble S. Rafat Alam, J.

Hon'ble Sudhir Agarwal, J.

This is an intra-court appeal. We have heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Divakar Rai Sharma appearing for the appellant and also perused the record.

Sri Khare vehemently contended that the appellant appeared in the intermediate examination in the year 1985. However, his result was withheld by the Madhyamik Shiksha Parishad, U.P. on the ground that he did not appear in Elementary Hindi-1st Paper and Education-1st and 2nd Paper. It is submitted that Education was not his subject and in place of Education he has appeared in Economics, but this aspect has not been considered by the Hon'ble Single Judge.

We are not convinced with the submission for the reason that his application has been rejected by the Board in the year 2007 on the ground that he did not appear in Elementary Hindi-1st Paper and Education-1st and 2nd papers and further on the ground that he has approached after abnormal delay and in the meantime entire record pertaining to that examination have been destroyed. Though some documents have been enclosed, but in the absence of the original record, the same can not be verified and, thus, no reliance can be placed upon such documents. Despite of our repeated query, learned counsel for the appellant could not produce the admit-card issued to the appellant for appearing in the aforesaid examination which could have shown the subjects in which the appellant was to appear. Admittedly, the petitioner-appellant for the first time made representation on 11.8.1985 and thereafter sat over the matter and gave reminder on 12.9.1987, then on 5.6.1990. He also clams that the second representation was filed on 15.3.1992, thereafter in 1995 and the last being of 3.9.2007. The appellant is guilty of laches and negligence which disentitles him for any relief in exercise of power under Article 226 of the Constitution of India. We, therefore, do not find any legal or factual error in the Judgment of Hon'ble Single Judge.

The appeal, being without any merit,` is dismissed.

Dt. 13.11.2007



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