Court No. - 32
Case :- WRIT - C No. - 34328 of 2021 Petitioner :- Ranjana Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Narain Rai Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Shyam Narain Rai, learned counsel for the petitioner and learned Standing Counsel for the State-respondent.
This writ petition has been filed by the petitioner with a prayer to direct the respondent no.2 to produce the answer book subject Math of the petitioner of UP D.El.Ed second Semester back paper (Examination September, 2021) so that the Court may look into the correctness of marks awarded to the petitioner.
Learned Standing Counsel submits that there is a provision under which the petitioner has to move an application under the Right to Information Act, 2005 before the competent authority, who shall take an appropriate decision in accordance with law and the photocopy of the answer sheet shall be provided to the petitioner.
Learned counsel for the parties agree that the writ petition may be disposed of finally at this stage without calling for further affidavit specifically in view of the order proposed to be passed today, as no purpose would be served by keeping the present writ petition pending.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction to the petitioner to make an application under Right to Information Act, 2005 before the competent authority and in case, such application is made, the competent authority shall do the needful, in accordance with law, preferably within a period of three months from the date of production of certified copy of this order, if there is no other legal impediment.
It is made clear that this Court has not examined the merits of the claim of the petitioner and the authority concerned shall apply its own mind strictly in accordance with law.
Order Date :- 23.12.2021 Jitendra/-