Disposed

K.A. Rauf Sherif v. State of U.P. Thru. Addl. Chief Secy. (Home) Civil Sectt. Lko. and 4 Others

Allahabad HC2 Jun 2023/4622/2023

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench disposed of a writ petition seeking access to IGNOU MA examinations for a jailed petitioner. The court noted that examination permission was granted by jail authorities and allowed the petition. However, the court directed the Jail Authority to provide necessary stationery like pens, pencils, and erasers for the examination.

What did the court decide?

Allowed the petition. Directed the Jail Authority to provide stationery (Pen, Pencil, Scale, eraser) to the petitioner for the examination.

K.A. Rauf Sherif Vs State of U.P. Thru. Addl… — Education and Admissions | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:40117

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Court No. - 3

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Case :- WRIT - C No. - 4622 of 2023

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Petitioner :- K.A. Rauf Sherif Respondent :- State Of U.P. Thru. Addl. Chief Secy. (Home) Civil Sectt. Lko. And 4 Others Counsel for Petitioner :- Sheeran Mohiuddin Alavi,Harsh Vardhan Kediya Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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The present petition has been filed with the following main prayers:

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"A. Issue writ, order or direction in the nature of Mandamus directing the Respondent No.1, 2 and 3 to take appropriate steps to ensure that the petitoner is able to appear in the examination of Master of Arts (Political Science), which are being held by IGNOU at Lucknow with the examination center at the premises of Model Jail, Lucknow or any other examination center as this Hon'ble Court may deem fit.

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B. Issue Writ, order or direction in the nature of writ of Mandamus commanding the respondents to facilitate the entire process ensuring that the petitioner is allowed to appear and writ the exam of Master of Arts (Political Science), which are being held by Respondent No.4 on 09/06/2023, 12/06/2023, 13/06/2023, 16/06/2023, 21/06/2023, 23/06/2023 and 24/06/2023 in the morining shift from 10 AM to 1 PM and also on 28/06/2023 in the afternoon session from 2 PM to 5 PM.

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C. In case, there are any special measures or provisions which are required to be taken for ensuring the appearance of the petitioner in the upcoming examinations, the Respondents may be directed through a Writ of Mandamus, to take the same expeditiously and in a manner so as to ensure that the prayer of the petitioner is not frustrated."

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This court has passed an order on 31.05.2023, which is quoted hereinbelow :-

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"1. Petitioner, who is in jail, has approached this Court claiming that he has cleared M.A. (Political Science) first year examination held by IGNOU from Lucknow Jail and he has to appear in second year examination for which Jail authorities

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has to given permission.

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2. Learned Additional Chief Standing Counsel prays for and is granted two days' time to complete his instructions.

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3. List/put up on 2.6.2023 in additional cause list amongst top ten cases. "

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In compliance of the earlier order, learned Standing Counsel, on the basis of instruction dated 1.6.2023 received from the Senior Superintendent of District Jail, Lucknow, which is taken on record, has submitted that that permission has been given for taking the petitioner under custody for appearing in the examination as per the Schedule provided by the petitioner.

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In view of the above, the writ petition is disposed of in the light of the instruction dated 01/06/2023 received from the Senior Superintendent of District Jail, Lucknow for appearing in the examination under the police custody.

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At this stage, learned counsel for the petitioner has submitted that the Jail Authority may be directed to provide stationery i.e. Pen, Pencil Scale eraser etc. for the purpose of examination.

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As prayed, the Jail Authority is directed to provide the aforesaid stationery for the purpose of examination.

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Order Date :- 2.6.2023 S. Kumar

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Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

K.A. Rauf Sherif v. State of U.P. Thru. Addl. Chief Secy. (Home) Civil Sectt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

K.A. Rauf Sherif v. State of U.P. Thru. Addl. Chief Secy. (Home) Civil Sectt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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