LAWS(ALL)-2002-5-38

KRISHNA KUMAR UPADHYAYA Vs. STATE OF UTTAR PRADESH

Decided On May 15, 2002
KRISHNA KUMAR UPADHYAYA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution has been filed by 175 students of Smt. Harpyari Devi Inter College, Rohai, District Hathras (Mahamaya Nagar) praying that a direction be issued to Madhyamik Shiksha Parishad, U.P. (Board of High School and Intermediate Education, Allahabad) to allot roll numbers to them and to permit them to appear in the High School examination which was scheduled to commence on 18-3-2002.

(2.) There is an institution known as Smt. Harpyari Devi Inter College, Rohai, District Hathras (Mahamaya Nagar) (hereinafter referred to as the institution), which is recognised by the Board of High School and Intermediate Education, U.P., Allahabad (hereinafter referred to as the Board) in accordance with U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act). The institution, however, does not receive grant-in-aid from the State Government. The writ petitioners claim that they are regular students of High School class in the institution and they filled up the examination form for the High School examination and also deposited the examination fee with the Principal of the institution. The principal of the institution, thereafter, forwarded the examination forms and the examination fee to the District Inspector of Schools, Hathras (for short, DIOS) on 7-8-2001. The High School examination was scheduled to commence on 18-3-2002. the Board allots the roll numbers to the students for the purpose of appearing in the examination and a communication in that regard is sent to the institution. Shortly before the commencement of examination the petitioners came to know that the Board had not allotted any roll number to them due to which they cannot appear in the examination. The writ petition was accordingly filed by the petitioners praying for allotment of roll number and for a direction to the Board to permit them to appear in the ensuing High School examination.

(3.) The petition came for admission hearing before this Bench on 16-3-2002 (Saturday) at about 4 P.M. Learned Standing Counsel, on the basis of instructions given by Addl. Secretary of Board, who was present in Court, informed the Court that as the examination was commencing at 7.30 a.m. on 18-3-2002 (Monday) and the time was too short it would not be possible for the Board to make necessary arrangement for holding of the examination of the writ petitioners in Rohai in district Hathras, which is more than 500 Km. away from Allahabad. For holding the examination, the requisite number of papers of all subjects and examination copies have to be sent and seating arrangement etc. has to be made and on account of paucity of time it was not possible to do all that which is necessary for a proper conduct of the examination. The respondents were given time to file counter affidavit and notice was issued to the principal and committee of management of the institution which, after exchange of affidavits, appear to be the main party to the writ petition. The learned Standing Counsel had assured the Court that in the event the writ petition was allowed the Board would hold a fresh examination of the writ petitioners so that their years was not wasted.