JUDGMENT S.U. Khan, J.
1. As pure question of law is involved hence there is no need to call for counter affidavit.
2. Heard learned Counsel for the petitioner as well as learned standing counsel for respondents.
3. Secondary schools recognized by U.P Board of High School and intermediate were required to deposit registration fees by 1.10.2006 for examination of 2007, petitioner deposited the fees on 3.10.2006 as is evident from Treasury Challan. Through annexure 1 Rs. 13000/-were deposited and through annexure 2 Rs. 13360/-were deposited in Sub Treasury Sakal Diha district Chandauli.
4. According to the learned Counsel for the petitioner DIOS has not issued the forms on the ground that amount has been deposited late. 1.10.2006 was Sunday and 2.10.2006 being Gandhi Jyanti was national holiday. If a deposit is to be made by a particular date and the said date is a holiday then it can be made on the next opening day and it will have to be treated as deposit within time. In the Limitation Act under Section 4 it is provided that"where the prescribed period for any suit, appeal or application expires on a day when the Court is closed, the suit, appeal or application may be instituted, preferred or made on the date when the Court reopens." The same analogy is applicable to the instant case also.
5. Similarly, by virtue of Section 10 of U.P General Clauses Act, 1904 it is provided that "where by any [Uttar Pradesh] Act, any Act or proceeding is directed or allowed to be done or taken in any court or office on a certain day or within a prescribed period, then, if the court or office is closed on that day or the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the court or office is open".
6. Accordingly writ petition is disposed of with the direction to DIOS and other respondents to do the needful treating the deposit of the petitioner to have been made by 1.10.2006. It is hoped that DIOS will not create any further hurdles in completion of the formalities.