TUSHAR GUPTA Vs. MADHYAMIK SHIKSHA PARISHAD

JUDGEMENT

(1.) I. M. Quddusi, J. Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents. This writ petition has been filed with the following prayer- (i) issue a writ, order or direction in the nature of certiorari quashing the show cause notice issued by the respondent No. 3 and the order of cancelling the result of the petitioner by respondent No. 2 (dated 15-10-97 and 9-4-98 ). (ii) issue a writ or direction in the nature of mandamus directing the respondent Nos. 2 to 3 to declare the result of the petitioner of the Intermediate examination, 1997. (iii) issue any other writ, order or direction as this Hon'ble Court may deem fit and proper. (iv) to award the cost of the petition.

(2.) LEARNED Counsel for the petitioner has submitted that earlier when the result of the petitioner was not declared, a writ petition No. 1120 of 1998 was filed with the prayer that a writ in the nature of mandamus be issued directing the respon dent to decide the matter and declare the result of the petitioner with in 15 days. But as the result of the petitioner was can celled the aforesaid writ petition was dis missed on the ground that his result was cancelled.

(3.) IN view of the facts and circumstan ces mentioned above, the writ petition succeeds and is here by allowed. The order dated 23- 2-1998 cancelling the result of the petitioner is quashed. A writ in the nature of mandamus is issued command ing the respondents to declare the result of the petitioner of INtermediate Examina tions, 1997 and issue him mark sheet with in a month from the date of presenta tion of a certified copy of this order. The petitioner shall deposit the mark sheet, if any, issued to him under the head 'w. B. '. No order as to costs. Petition allowed. .