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Sri Ram Laxman Janki Inter College Thru' Manager v. State Of U.P. Thru' Secy. & Others - WRIT - C No. 62214 of 2005  RD-AH 13136 (7 August 2006)
Court no. 40
Civil Misc. Writ Petition No. 62214 of 2005
Shree Ram Laxman Janki Inter College, Patra Sandawa Kanpur Dehat through its Principal..........................................................................Petitioner
State of U.P. and others....................................................Respondents.
Hon. S.N.Srivastava, J.
Present petition has been filed by Sri Ram Laxman Janki Inter College through its Principal for the relief of a writ of mandamus directing the respondent to issue Registration Form in respect of students studying in class XI for the Sessions 2005 and further to supply 470 forms for the students who were then to appear in the Intermediate Examination 2006 attended with further relief of according permission to appear in the said examination, 2006.
It would appear from the record that after exchange of counter and rejoinder affidavits, the Court, considering the immediacy of the interim relief, passed the order as an interim measure, with the consent of learned counsel for the Board, permitting the students to appear as private candidates and by way of abundant precautions, issued peremptory directions to be observed in compliance by both the parties. The substance of guidelines is abstracted below.
"(1) Adequate arrangements for providing independent invigilators (who may be teachers from colleges other than the petitioner- college) be made by the District Inspector of Schools, for holding the examination in a fair manner. Students would be allotted center other than the institution in question.
(2) The District magistrate shall ensure that responsible Sector Magistrates are appointed for supervising the examinations of all the colleges of district of Kanpur Dehat and more particularly of the college in question.
(3) The District Magistrate as well as the educational authorities shall be free to adopt all other methods for checking the use of unfair means, which may include providing for video photography, inside and outside the examination center, whenever required.
(4) No outsider should be permitted in the vicinity of the examination centers and only the invigilators and the candidates possession admit card/photo identity cards be permitted inside the campus of the center.
(5) Where treasury challans or other documents are found forged and bogus, F.I.R. be lodged against the concerned Principal and the students."
It would further transpire from the aforestated interim order that the Court directed the matter to be listed after six weeks on which date, learned counsel for the Board was required to file affidavit indicating therein the action taken against the institution in question for all the alleged irregularities. It was further directed that the result of students would not be declared except with the leave of the Court.
In observance of the aforestated order, a subsequent counter affidavit has been filed sworn by one Ram Chandra Mishra, Asstt. Secretary, Madhyamik Shiksha Parishad Regional office Allahabad. I have been taken through that subsequent counter affidavit.
It may be recalled here that the College in question is an unaided College imparting Education upto XII standard and further it bears no dispute that the Institution is covered by the provisions of Intermediate Education Act. The factual matrix that transpires from a close scrutiny of the averments made in the writ petition is that the petitioner Institution duly applied for recognition of Intermediate Science Class vide letter dated 15.12.2003 informing therein that Intermediate Science section would commence to run from July 2004. The averments further are that on the basis of the fact that the petitioner had applied for recognition of Intermediate Science class in the year 2003 in which it was clearly indicated that the new section would commence to run w.e.f the year 2004, the Institution admitted students to science class in the year 2004 but subsequently, it would transpire, by means of letter dated 3.5.2005, it was communicated to the Institution by the Joint Secretary of the Board that the Governor had been pleased to accord recognition to Intermediate Science Class w.e.f. the year 2007. Further correspondence with the Board demanding registration forms for class 11 students and further forms to enable students studying in 12 standard to appear in the Intermediate Examination 2006 yielded no solution and consequently, finding the career and future of students already admitted and studying in the Institution in jeopardy, the petitioner has instituted the present petition.
From a scrutiny of subsequent counter affidavit filed pursuant to the direction of the Court, it would appear that instead of informing the Court of action taken against the institution for the alleged irregularities, the Board side-tracked and embarked upon detailing certain alleged acts of omission and commission on the part of the Institution which in my considered view are too insignificant to merit action and cannot be heightened to the extent of irregularities capable of warranting against the Institution in view of discussion (infra). In para 3 of the counter affidavit, it has been spelt out that the last date fixed for submitting the forms for appearing in the High School Examination was 21.9.2005 which was not abided by the Institution and further that the forms of regular students were to be routed through District Inspector of Schools which having not been done by the college, there was no question of permitting the students to appear in the High School Examination 2006 as regular students and lastly, it has been averred that since recognition to commence Science section of Intermediate Class was accorded from the year 2007, there was no question of supplying the forms for permitting the students to appear in the Intermediate Examination. Pursuant to the order of the Court, it has been informed by the learned standing counsel that the students of Science Section were permitted to appear in the Intermediate Examination and only result remains to be declared.
From a close scrutiny of the aforesaid averments, it would transpire that there is nothing on record to be eloquent of the fact that any action has been initiated against the Institution qua the averments made in the initial counter affidavit of irregularities of serious nature. In the circumstances, the Court has no option but to opt for the view that irregularities alleged in the initial counter affidavit of the Board were too insignificant to warrant action.
In the instant case, it would crystallize that the students were permitted to appear and now only result remains to be declared. In the above conspectus, it would appear that the assertions of alleged irregularities stands mellowed down inasmuch as despite order of the Court no action has been shown to have been initiated against the institution on the basis of alleged irregularities. Further from a perusal of the record, it would also transpires that none of the guidelines set down by the Court have been observed in flouting and the examination has been conducted quite fairly and squarely. Therefore in the circumstances there remains no obstacle operating in the way of declaration of result of the students and further there is no valid justification for keeping the students on tenter-hook by further delaying declaration of the results. This Court is further of the view that no error has been pointed out which may be attributable to any of the students of the Institution. In the circumstances, any further delay in declaration of result would be fraught with grave consequences and with deleterious effect on the future and career of the students. In the above conspectus, I feel called to take the view that there is no valid ground to postpone declaration of the result of the examination any further held in the year 2006 otherwise it would spell disaster for the students who one year would be at stake. It would therefore be in the fitness of things to direct the Board to pronounce the result of students who appeared in the High School examination 2006 from the petitioner-institution.
In the result, the writ petition is disposed of attended with direction that the Board of High School and Intermediate shall declare that result of the students forthwith preferably within a period not exceeding one month from the date of presentation of a certified copy of this order.
Before parting, this Court further feels called to clarify that the view taken in this judgment has been rendered in the peculiar facts and circumstances of the case and this would not constitute precedent for other petitions.
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