RITUBALA SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) I begin this order with this perfectory note. Framers of the Constitution, while conferring jurisdiction to this Court, to issue prerogative writs and power of superintendence, in their wildest dream would not have thought that a citizen of this country has to invoke the extraordinary jurisdiction of this Court under Arts. 226 and 227 of the Constitution of India for getting the mark sheet corrected. Bulk of the time of the Courts are wasted on such avoidable litigation and unless this is curtailed, the complain of 'delayed justice' and 'pendency' can- not be overcome, notwithstanding herculean efforts by the Judges and increase of number of Judges.

(2.) Circumstances has compelled this child, who has just entered in her teen; to approach this Court inter alia praying that the respondents be directed to correct her mark-sheet. Petitioner appeared in this Primary School Certificate Examination held by respondent No. 2 in the year 1998. She was provided with the mark-sheet which shows that she has passed the examination in third division having secured 292 marks. Petitioner being sanguine about her performance in the examination, filed application before respondents for correction of her mark sheet on 5-5-1998. Nothing was done. Petitioner thereafter gave legal notice to the respondents but that also did not bring any succour to her. Petitioner made further attempt and gave legal notices dated 23-6-1998 and 17-7-1998. All these representations and legal notices did not move the respondents and ultimately left with no option, she has filed this writ petition.

(3.) By order dated 7-2-2000 this Court directed for issuance of a show cause notice to the respondents. Thereafter the matter was taken up on 22-3-2000 and at the request of counsel for the respondents, three weeks time was granted to file the reply. Respondents did not carry out their commitment. Thereafter, the matter was taken up on 5-5-2000 and this Court directed the respondents to file the return by 26th June, 2000 and it further observed that in case no return is filed, respondent No. 6, shall be present before this Court on June, 2000. When the matter was taken up on 26-6-2000, at the request of counsel for the respondents, the case has been adjourned for today.