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Allahabad High Court · body

1999 DIGILAW 1255 (ALL)

KM. SUMITRA SOLANKI v. SECRETARY, MADHYAMIK SHIKSHA PARISHAD, ALLAHABAD

1999-08-23

A.K.YOG

body1999
A. K. YOG, J. ( 1 ) SECRETARY. Madhyamilk Shiksha Parlshad. U. P. , Allahabad has filed affidavit in compliance to the order of this Court dated 18th August, 1999. The said affidavit sworn by Kumari Achala khanna, Secretary, Madhyamik Shiksha Parishad. U. P. , Allahabad (for short called board)gives a picture of the Himalayan task which the Secretary has to perform, apart from holding regular examination, in finalizing scrutiny applications. ( 2 ) THIS Court has no doubt that the work of finalizing scrutiny applications is as important as the holding of examination itself. After all the system of scrutiny inheres in itself the object of rectifying the mistakes committed by the examiners, who are being appointed by the Board and this mistake of the Board, in fact, is sought to be rectified by filing the scrutiny applications. ( 3 ) SIMILAR matters have already been decided by passing detailed judgment and order in Civil misc. Writ Petition No. 34514 of 1999, Km. Sweta Agarwal v. Additional Secretary and another, on 18th August. 1999, wherein a mandamus commanding the respondents to finalise scrutiny applications has already been issued. In view of the mandamus issued commanding in general to consider all the application and publish the result within time bound framework, no further directions are required to issue in this petition. This Court is pleased to note that all the 15 paragraphs of the affidavit of the Secretary filed on behalf of the Board are sworn on personal knowledge. In Paragraph 14 of the affidavit. Secretary of the Board has stated that in the past, the Board has published scrutiny results in newspapers. This procedure shall be followed in future years. Paragraph 9 of the affidavit of the Secretary shows that a few students by filing writ petitions got priority in the matter of scrutiny irrespective of the consideration of time factor during which such students had submitted their applications- A student, who had applied first, formally his application should be considered first and this sacrosanct principle should not be breached. Keeping in view the said object, I had issued a general writ of mandamus commanding the respondents to consider the application without giving priority, as such, in normal course. Keeping in view the said object, I had issued a general writ of mandamus commanding the respondents to consider the application without giving priority, as such, in normal course. ( 4 ) AS far as the process of scrutiny is concerned, the Secretary and other officers of the Board are the experts of the subject and it is for them to find out a solution so as to achieve the object to complete work of scrutiny within time bound framework so as to concerned Student, whose result stands modified does not lose the benefit of his result being improved. It is made clear that in case the Secretary of the Board finds difficulty in achieving the object and compliance of the mandamus, it shall be open to the Secretary to approach this Court for necessary direction to the state Government for providing adequate machinery and fund. ( 5 ) IN view of the judgment and mandamus issued in Civil Misc. Writ Petition No. 34514 of 1999 (supra), this writ petition also stands allowed. .