Asha Singh Vs State of U.P. Thru. Its Secy. Basic Education Civil Secrt. Lko. and Others — Allahabad HC (2024) — LawSathi Research

Asha Singh Vs State of U.P. Thru. Its Secy. Basic Education Civil Secrt. Lko. and Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to opposite party no. 2 (Secretary, Examination Regulatory Authority, Prayagraj, U.P.) to consider the petitioner's claim in accordance with the judgment and order dated 05.02.2024 in Writ A No. 6605 of 2022, within two months of production of a certified copy of the order; no adjudication on merits of the challenge to the answer key/result.

Issue for consideration

Whether the result dated 08.04.2022 and the final answer key dated 07.04.2022 of UP-TET Examination 2021 issued by the Pariksha Niyamal Pradhikari, Prayagraj are liable to be quashed. +2 more

Ratio / Principle

The Court proceeded on the footing that the petitioner is entitled to the benefit of the judgment and order dated 05.02.2024 in Writ A No. 6605 of 2022, a fact which learned counsel for the State could not controvert.

Key takeaways

Without entering into the merits of the case, the Court directed opposite party no. 2, the Secretary, Examination Regulatory Authority, Prayagraj, U.P., to consider the petitioner's claim in accordance with the judgment and order dated 05.02.2024 in Writ A No. 6605 of 2022, within two months of production of a certified copy of the order.ratio¶15

Detailed headnote1 paragraphs

WRIT - A (Allahabad High Court, Lucknow Bench, Shree Prakash Singh, J.; Order Date 3.4.2024; Neutral Citation 2024:AHC-LKO:27331) — UPTET-2021 — Petitioner sought certiorari to quash the result dated 08.04.2022 and the final answer key dated 07.04.2022 issued by the Pariksha Niyamal Pradhikari, Prayagraj, and mandamus for grace marks and consideration of her representation dated 27.02.2024 in terms of the judgment and order dated 05.02.2024 in Writ A No. 6605 of 2022 (Pragati Agrawal & 57 others Vs State of U.P. & others). Learned counsel for the State did not controvert the petitioner's entitlement to the benefit of that judgment. Without entering into the merits, the Court directed opposite party no. 2, the Secretary, Examination Regulatory Authority, Prayagraj, U.P., to consider the petitioner's claim in accordance with the said judgment within two months of production of a certified copy of the order. Writ petition disposed of accordingly.

Neutral Citation No. - 2024:AHC-LKO:27331

Court No. - 20

Case :- WRIT - A No. - 2673 of 2024

Petitioner :- Asha Singh Respondent :- State Of U.P. Thru. Its Secy. Basic Education Civil Secrt. Lko. And Others Counsel for Petitioner :- Pramod Kumar Verma,Bipin Kumar Rai Counsel for Respondent :- C.S.C.,Ran Vijay Singh

Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the petitioner, Sri Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the opposite parties no. 1 to 3 and Sri Ran Vijay Singh, learned counsel for the opposite party no. 4.

The instant writ petition has been filed seeking the following reliefs:-

I. Issue a writ, order or direction in the nature of certiorari quashing the result dated 08.04.2022 and final answer key of UP- TET Examination 2021 dated 07.04.2022 issued by Pariksha Niyamal Pradhikari Prayagraj, Uttar Pradesh as Annexed as Annexure no. 3 to this writ petition.

II. Issue a writ, order or direction in the nature of mandamus to revise the result by granting grace marks to the petitioner in the light of order passed by this Hon'ble Court in writ-A No. 6605 of 2022, annexed as Annexure No. 8.

III. Issue a writ, order or direction in the nature of mandamus to direct the respondent authorities to consider and decided the representation dated 27.02.2024 of the petitioner in the light judgment and order dated 05.02.2024 passed by this Hon'ble Court in Writ-A No. 6605 of 2022, annexed as Annexure No. 9.

IV. Issue a writ, order or direction that this Hon'ble Court may deem and proper in the facts and circumstances of the case."

Contention of learned counsel for the petitioner is that the petitioner has challenged the validity of revised/final answer key dated 07.04.2022 of UPTET-2021 issued by respondent no. 2 on the ofÏcial website of the Examination Regulatory Authority, Prayagraj (Allahabad). He added that the controversy has already been put to rest in the

judgment and order dated 05.02.2024 passed in Writ A No. 6605 of 2022 (Pragati Agrawal & 57 others Vs State of U.P. & others) alongwith other connected writ petitions and the present petitioner is also entitled for the same benefits.

Learned counsel for the State could not controvert the fact with respect to the entitlement of the benefit of the judgment and order dated 05.02.2024 to the petitioner.

Thus, without entering into the merits of the case, the opposite party no. 2 i.e. the Secretary Examination Regulatory Authority, Prayagraj, U.P., is hereby directed to consider the claim of the petitioner, in accordance with the judgment and order dated 05.02.2024 passed in Writ A No. 6605 of 2022, within period of 2 months, from the date a certified copy of this order is produced before him.

The writ petition is disposed of accordingly.

Order Date :- 3.4.2024 AKS

Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench