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1993 DIGILAW 665 (MP)

Mahesh Babu v. State of M. P.

1993-12-08

K.M.PANDEY, V.D.GYANI

body1993
JUDGMENT By this petition under, Article 226 and 227 of the Constitution, the petitioner who claims to have appeared in the supplementary examination of one subject, namely, science from C.P. Higher Secondary School, Morar (Centre No.1340/048) with Roll No. 147651 for Higher Secondary School Certificate Examination in the year 1990, has a standing grievance that his result has not yet been declared by the respondent/Board. In fact, this non-declaration of petitioner's result is not merely great hardship but has also jeoparadised petitioner's future and his career as a student. The written requests made by the petitioner and respondent No.2 have so far as per Annexure P/2, P/3 and P/4 have failed to yield any results, hence this petition. Shri Lahoti, learned counsel appearing for respondent No.1 submits that the practical examination marks of science subject have not been sent to the Board by respondent No.2. Even if that be so, it is a matter entirely between the respondents wherein the petitioner does not figure in any manner. Referring to R/2 and R/3 he alleged that if at all there is any lapse, it is on the part of the respondent No.2, and not the Board. This again a matter between the Board and the Principal of respondent No.2, the centre for examination and centre super-intendent are chosen and appointed by the Government/Board. The learned counsel no say in the matter and the petitioner made to run from pillar to post. It is dubious state of affairs that more than 3 years have been passed but the result is not declared. Although, it was sought to be suggested by the respondent's counsel that one does not know if the petitioner had appeared at the supplementary examination or not. It is surprising, such a doubtful statement has been made about appearance of the Candidate. If he had not appeared at the examination then it would be easier for the respondent/Board to communicate to the candidate that there was no question of declaration of result since he had not appeared at the examination. Nothing of that sort has been done. The career of the petitioner has been jeoparadised by making such a statement one does not know if the petitioner had appeared at the exam is a behove of a statutory body like the respondent/Board. Nothing of that sort has been done. The career of the petitioner has been jeoparadised by making such a statement one does not know if the petitioner had appeared at the exam is a behove of a statutory body like the respondent/Board. For a small relief like declaration of results, the petitioner is required to approach this Court for a writ, is a regrettable state of affairs, itself shows the working of the Board. Be that as it may, the respondent No.1/Board Madhyamik Siksha Mandai, Bhopal is ordered to declare petitioner's result within a week from today of the aforesaid examination. It is a case for imposition of costs and for that heavy costs, for the reason of the career of a student is jeoparadised, no amount of money can be a substitute for the loss of career making him to wait years to years together for result. In the circumstances, while allowing the petition, we direct the respondent No. 1/ Board to pay Rs. 5,000/- as costs to the petitioner inclusive of counsel's fee.