Court No. - 41
Case :- WRIT - C No. - 19637 of 2019 Petitioner :- Pratibha (Minor) Respondent :- The State Of U P And 2 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos. 1and 2.
Considering the nature of order proposed to be passed, there is no need to issue notice to respondent no. 3.
The present petition has been filed for a direction to the respondent concerned to produce the answer books of General Hindi (102), English (117) and Mathematics (131) pertaining to Intermediate Examination, 2019 before this Court.
Learned Standing Counsel appearing on behalf of State has raised preliminary objection with regard to maintainability of writ petition on the ground of alternative remedy. He further submitted that under the provisions of RTI Act, 2005, remedy is available to the petitioner to obtain answer books.
Considering the facts and circumstances of the case as well as objection raised by learned Standing Counsel, petition is disposed of with liberty to the petitioner to file application to obtain answer books in question under provisions of RTI Act, 2005 and if any such application is filed, petitioner shall be provided answer books in accordance with the provisions of RTI Act, 2005 as well as law laid down by the Apex Court in the matter of CBSE v. Aditya Bandopadhyay, (2011) 8 SCC 497, maximum within a period of 30 days from the date of production of certified copy of the order. If there is any legal impediment, authority concerned shall pass reasoned order within the same time.
Order Date :- 31.5.2019 Rmk.