Court No. - 25
Case :- WRIT - C No. - 4022 of 2019 Petitioner :- Deepika Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Verma Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Abhay Singh, learned counsel holding brief of Sri Rajesh Kumar Verma, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
The petitioner claims that she had appeared in the Ist Semester of B. T. C. Course (Batch-2013) examinations in the year 2018. The marks of the petitioner were not declared. The petitioner made a representation to the respondent no. 2 in the regard.
Learned Standing Counsel on the basis of instructions submits that the reports from the examination centre as well as from the Principal, DIET, Etawah indicate that the petitioner had not appeared in the examination. This is a disputed question of fact which needs to be verified by the competent authority.
The matter is remitted to the respondent no. 2, Secretary, Examination Regulatory Authority, Allahabad.
A writ of mandamus is issued commanding the respondent no. 2 to execute the following direction:
1. The respondent no. 2, Secretary, Examination Regulatory Authority, Allahabad shall decide the representation of the petitioner which claims that she had appeared in the aforesaid examination.
2. The respondent no. 2 shall provide to the petitioner adverse material which is proposed to be relied upon against her.
3. The petitioner shall be given an opportunity of hearing to tender her defence. The petitioner shall be entitled to submit a written submission of her defence
4. The respondent no. 2 shall give an opportunity of hearing to the petitioner.
5. The respondent no. 2 shall decide the controversy by a reasoned and speaking order in accordance with law.
6. The exercise shall be completed within a period of three months from the date of receipt of certified copy of this order along with a fresh copy of the application.
The writ petition is disposed of finally.
Order Date :- 22.2.2019 Dhananjai