KULDEEP KUMAR PATHAK Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted. Matter is finally heard at this stage itself with the consent of the learned counsel for the parties.

(2.) The appellant herein appeared in the Intermediate Examination conducted by Madhyamik Shiksha Parishad, U.P., Allahabad in the year 2002 and successfully cleared the said examination. On that basis, he pursued the Graduation and passed Bachelor of Arts (B.A.) in the year 2005. Thereafter, he even successfully completed his Post-Graduation course i.e. Masters of Arts (M.A.) in the year 2007 with a desire to pursue further studies. He even joined LL.B. course and successfully cleared LL.B. examinations also in the year 2011. He had the ambition to get himself enrolled as an Advocate so as to pursue the legal profession. However, before he could do that, respondent-authorities inflicted upon him a big blow in the form of canceling his intermediate results of the year 2002 which examination was conducted by Madhyamik Shiksha Parishad, Allahabad. Order to this effect, without putting the appellant to any notice and without affording any opportunity of hearing, was passed nine years after the said exam with the direction to confiscate his Certificate. The effect of the aforesaid action of the respondent was not only take away the result of the Intermediate Examination, but it also nullified further courses which he had pursued and passed in the meantime.

(3.) The reason for canceling the said examination by the Regional Secretary, U.P. Board of High School and Intermediate Examination (hereinafter referred to as the 'U.P. Board'), Varanasi was that the appellant had simultaneously appeared in two examinations, one of the U.P. Board and other of Sanskrit Board with respect to Class X and equivalent examination and it was not permissible for the appellant to appear in two examinations conducted by two different Boards simultaneously.