DAYA SHANKAR DUBEY Vs. SECRETARY BOARD OF HIGH SCHOOL AND INTERMEDIATE EDUCATION, U.P. ALLAHABAD AND OTHERS

JUDGEMENT

(1.) These two writ petitions raise common questions and can conveniently be decided together.

(2.) Writ petition No. 11845 of 1981 was admitted on 3rd Nov., 1981. The Chief Standing Counsel accepted notice on behalf of the respondents, on that date. He prayed for and was granted a weeks time to file counter-affidavit. A re-joinder-affidavit was to be filed within three days thereafter and the writ petition was directed to be listed for hearing on 16th Nov., 1981. No counter-affidavit was, however, filed. Writ petition No. 13904 of 1981 came up for admission on 16th Nov., 1981. On that date the Standing Counsel made a prayer that it may be listed for admission on 23rd Nov., 1981, enabling him to produce the relevant record concerning the petitioner. There are no private parties in this writ petition and the two respondents are represented by the Standing Counsel who is ready to G.O. with the case. In these circumstances we think it proper to decide even this writ petition finally at this very stage as contemplated by the second provision to Rule 2 (i) of Chapter XXII of the Rules of the Court.

(3.) Daya Shanker Dubey, the petitioner in writ petition No. 11845 of 1981, has filed in form for appearance in the High School examination of 1980 as a private candidate. His form was accepted and he was allotted roll no. 847291. He was to appear in the examination from Raja Harpal Singh Inter College, Singramau, district Jaunpur. Indra Bahadur Singh, the petitioner in writ petition No. 13904 of 1981 had on the other hand, filled in form for appearing as a regular candidate in the Intermediate examination of 1980. His form was also accepted and he was allotted roll no. 344626. He was to appear from Shri Narayan Sinha Inter College, Sarai Barakhu, district Jaunpur. The case of the petitioners in each of these two writ petitions is that on account of some personal inconvenience each of them applied for change of his centre to Bajrang Intermediate College Ghanhsyampur, district Jaunpur and their applications were allowed. They were permitted to appear and they did appear from the aforesaid centre Bajrang Intermediate College, Ghanshyampur, Jaunpur in their respective examinations. Subsequently, however, their results were not declared. On the other hand each of them was served with a notice to show cause as to why his result may not be cancelled and he may not be debarred from appearing in the 1981 examination inasmuch as he had appeared not from the centre allotted to him initially but from the centre Bajrang Intermediate Colter, Ghanshyampur, district Jaunpur. The petitioners submitted their explanations in reply to the show-cause notice However, it did not find favour with the respondents and the examination of the petitioners for the year 1980 was cancelled and they were debarred from appearing in their respective examinations for the year 1981. Each of the petitioners in these writ petitions had prayed for the quashing of the order cancelling his examination for the year 1980 and debarring him from appearing in the 1981 examination.