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Km. Sweta Agarwal vs Addl. Secretary, Board Of High ...

High Court Of Judicature at Allahabad|18 August, 1999

JUDGMENT / ORDER

JUDGMENT A.K. Yog, J.
1. It is yet another case where petitioner is seeking relief for expediting matter -of scrutiny pending with the respondents.
2. This Court takes Judicial notice of the fact that large number of students have submitted their application forms praying for scrutiny as contemplated under relevant regulations framed by the Board of High School and Intermediate Education. Uttar Pradesh, Allahabad (for short called 'Board'). Instead of applying its mind to Individual cases, this Court feels that matters pertaining to scrutiny should be decided at the earliest possible and Board should not, by delay at its end. compel students and guardians to run to High Court.
3. It is to be appreciated that parties who failed to approach the Court cannot be Ignored. So all the parties, whether they have knocked the doors of the Court or not. to be granted relief. It cannot be said that benefit be given to only those who are before Court. Similarly circumstanced persons and who have not approached the Court and may be waiting in the wings would also be entitled to be given similar relief against the State which is under statutory obligation to accord equal treatment as otherwise it may be guilty of discriminatory or arbitrary treatment which cannot be countenanced under Articles 14 and 16. Constitution of India as held in (1997) 2 SCC J (Paragraph 18), Ashwani Kumar v. State of Bihar, AIR 1979 SC 765 (766) (Paragraphs 40 to 45), State of Kerala v. Kumari T. P. Roshana and 1982 UPLBEC 480. (Paragraphs 5 and 7), Sneh Deep v. State of U. P. and others.
4. In view of the above, I Issue a writ of mandamus containing a general command to the concerned authorities (Respondents) with respect to all the similar cases pending on date before them to finalize on or before October 31. 1999.
5. Fate of respective scrutiny applications shall be communicated to the concerned applicant simultaneously while deciding the applications in normal course as per prevailing practice existing on date. The concerned authorities shall also ensure to declare scrutiny result by publishing the same in two Daily Newspapers of Hindi and two Daily Newspapers of English, namely, 'Dainik Jagran, Rashtriya Sahara.', 'Hindustan Times' and 'Times of India' respectively. If there are various editions, the publication shall be given in all the editions of the aforesaid newspapers so as to cover circulation in the entire State of Uttar-Pradesh. The said publication may be done immediately after 31st October 1999, but in any case before 21st November. 1999.
6. The writ petition is allowed subject to the observations made above. It is also made clear that respondent authorities may seek adequate additional resource, if required, from the State Government and it shall be extended to them within two weeks of the request being made.
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Title

Km. Sweta Agarwal vs Addl. Secretary, Board Of High ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
18 August, 1999
Judges
  • A Yog