In Special Appeal No. 358 of 2018, the appellants challenged the dismissal of a writ petition filed regarding the UP TET Examination 2016. The lower court rejected the petition due to laches and delay, despite earlier representations by the petitioner. This Special Appeal was dismissed upholding the dismissal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 39
Case :- SPECIAL APPEAL No. - 358 of 2018
Appellant :- Nilam Kumari Respondent :- State Of U.P. And Anr Counsel for Appellant :- Pragati Mishra,Dinesh Chandra Mishra Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
A writ petition was filed by the appellant in March 2018 with a prayer that the respondents should evaluate the OMR answer sheet of the petitioner even though the petitioner had not darkened the circle to indicate answer sheet series. This petition was dismissed by a learned Judge of this Court for the reason that the writ petition had been filed with inordinate delay. This Special Appeal has been filed to assail the said judgment.
It transpires from the record of the writ petition that the petitioner had appeared in UP TET Examination 2016 that is said to have been held in December 2016. The result was declared on 17 March 2017. The Authority did not declare the result of the petitioner because she had not darkened the circle relating to answer book series. The learned Judge noticed that the writ petition was filed with laches and, therefore, has dismissed it.
All that is submitted by learned counsel for the appellant to explain the laches is that the writ petitioner had been repeatedly filing representations. The petitioner should not have waited for a period of one year. The learned Judge was, therefore, justified in dismissing the writ petition.
The Special Appeal is, accordingly, dismissed.
Order Date :- 23.4.2018 Sartaj
(Dilip Gupta,J.)
(Neeraj Tiwari,J.)
3 issues framed by the court
Whether dismissal of the writ petition for laches was justified given the petitioner's repeated representations and delay in filing.
Whether the High Court should evaluate the OMR answer sheet despite the petitioner failing to darken the answer sheet series circle.
Whether the one-year delay in filing the writ petition constitutes laches warranting its dismissal.
Nilam Kumari
State Of U.P. And Anr
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
