A writ petition was disposed of where the petitioner sought a corrected Intermediate Examination marksheet. The court clarified it did not adjudicate on merits but remitted the matter to the competent authority for independent consideration.
Writ petition disposed; matter remitted to Secretary, Madhyamik Shiksha Parishad, U.P., for final decision.
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Court No. - 7
Case :- WRIT - C No. - 21583 of 2019
Petitioner :- Aniket Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jata Shankar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The petitioner has made an application for providing corrected marksheet of the Intermediate Examination for the year 2012.
The only prayer made by Sri Jata Shankar Pandey, learned counsel for the petitioner is that the application of the petitioner may be decided and corrected marksheet may be provided to the petitioner within a stipulated period of time.
Learned Standing Counsel fairly submits that the respondent Board is under an obligation of law to provide the corrected marksheet to the students who appeared in the Intermediate Examination.
Matter is remitted to the respondent no. 2, Secretary, Madhyamik Shiksha Parishad, U.P., Allahabad.
A writ of mandamus is issued commanding the respondent no. 2, Secretary, Madhyamik Shiksha Parishad, U.P., Allahabad to decide the representation of the petitioner regarding supply of the corrected marksheet within a period of one month from the date of receipt of a certified copy of this order along with a fresh copy of the application.
It is clarified that this Court has not gone into the veracity of the assertions made in the writ petition nor the claim of the petitioner has been judged on merits. It is for the competent authority to do so after independent application of mind in accordance with law.
The writ petition is disposed of finally.
Order Date :- 5.7.2019 Dhananjai
Aniket Kumar
State Of U.P.
Ajay Bhanot
As recorded by the court registry
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