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Allahabad High Court · body

2016 DIGILAW 3711 (ALL)

Narpati Singh Inter College Thru Prem Chandra Yadav v. State of U. P Thru Prin Secy Secondary Edu Lko

2016-11-15

DEVENDRA KUMAR UPADHYAYA

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JUDGMENT Devendra Kumar Upadhyaya,J. Heard learned counsel for the petitioner, Shri Moti Lal Yadav and learned Standing Counsel appearing for the State-respondents. By means of an order dated 22.09.2015, passed by the Additional Secretary, Board of High School and Intermediate Education, U.P. Allahabad, which embodies the decision dated 05.08.2015 taken by the Nistaran Samiti of the Board which was approved by the Sabhapati of the Board on 11.08.2015, the petitioner-institution was barred from being made examination centre for conducting the examinations organized by the Board for a period of three years on the basis of certain irregularities which were said to have been found during intermediate examinations 2015. Challenging the aforesaid order dated 22.09.2015, the petitioner filed Writ Petition No.7051 (M/S) of 2015, which was dismissed by this Court by means of the judgment and order dated 20.11.2015. However, it appears that before filing the said writ petition, the petitioner had moved some representation dated 30.09.2015, which has been annexed as annexure no.10 to the writ petition, to the Secretary of the Board for reconsidering the decision dated 22.09.2015. The said representation appears to have been placed before the examination committee of the Board, which in its meeting held on 20.10.2015 took a decision that the matter be re-enquired by the Joint Director of Education, Lucknow as to how the answer books of 32 students were deposited, though they were absent. The examination committee in the said decision taken in its meeting held on 20.10.2015 resolved that the report of the Joint Director to be submitted be considered again by the examination committee. On the basis of the said decision, the Additional Secretary of the Board by means of the letter date 28.12.2015 required the Joint Director of Education, Lucknow Region, Lucknow to conduct an enquiry and in pursuance thereof report has been submitted by means of the letter dated 19.08.2016 by the Joint Director of Education, Lucknow to the Additional Secretary of the Board. The said letter has been annexed as annexure no.15 to the writ petition. From the aforesaid trail of events, it appears that at the time when the writ petition filed earlier by the petitioner, namely, writ petition no.7051 (M/S) of 2015, was dismissed, the factum of the decision to get the matter re-examined by the examination committee in its meeting held on 20.10.2015 was not brought to the notice of the Court. From the aforesaid trail of events, it appears that at the time when the writ petition filed earlier by the petitioner, namely, writ petition no.7051 (M/S) of 2015, was dismissed, the factum of the decision to get the matter re-examined by the examination committee in its meeting held on 20.10.2015 was not brought to the notice of the Court. Now, in pursuance of the said decision taken on 20.10.2015, the enquiry report has also been submitted by the Joint Director to the Additional Secretary by means of his letter dated 19.08.2016, however, no final decision in terms of the resolution of the examination committee passed on 20.10.2015 has been taken by the authorities of the Board. Looking into the overall facts and circumstances as narrated above, this writ petition is finally disposed of with the direction to the appropriate authority of the Board at Allahabad to finalize the said matter and take appropriate final decision in the matter strictly in accordance with law. The said decision shall be expedited by the authorities of the Board and final decision shall be taken within a period of two months from the date of submission of certified copy of this order to the Additional Secretary, Board of High School and Intermediate Education, U.P., Allahabad. It will be open to the authorities of the Board to call for reports or documents from the subordinate officers as also from the Management of the institution concerned to arrive at the correct decision.