PREM KALA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel.

(2.) The petitioner, in this writ petition, has challenged the order dated 10.01.2014 passed by Regional Secretary of Madhyamik Shiksha Parishad, Regional Office, Varanasi, whereby, the petitioner's Intermediate result of 2010 bearing Roll No. 1116681 as a regular student from MBLD Girls Inter College, Khurhat, Mau has been cancelled and further a direction has been issued for instituting a first information report for the alleged act of fraud on the part of the petitioner in appearing in Intermediate Examination conducted by the Madhyamik Shiksha Parishad, Uttar Pradesh (hereinafter to referred as 'Board') for the second time as a regular student.

(3.) Briefly stated facts of the present case are that the petitioner appeared in the Intermediate Examination as a regular student from Smith Inter College, Azamgarh in the Board Examination of 1996 with Roll no. 563884. She appeared in five subjects of Intermediate Examination with Literary Hindi, Sanskrit, Indian History, Civics and Economics and secured 201 marks out of 500 total marks and was declared thus passed in 3rd division with grace marks. Thus, the petitioner was permitted by the Madhyamik Shiksha Parishad to appear in the Board Examination of Intermediate as regular student fulfilling all the eligibility criteria as prescribed for under Chapter XI & XII of the Intermediate Education Act. It appears that thereafter, the petitioner again filled up her form as regular student of Intermediate from MBLD Girls Inter College, Khurhat, Mau and was allotted role number 1116681. She appeared in the said examination with subjects Hindi, English, History, Civics, Home Science and Sports & Physical Education as the curriculum then prescribed and this time petitioner secured 332 out of 500 marks and was declared passed in first division.