Court No. - 7
Case :- WRIT - C No. - 27721 of 2019 Petitioner :- Sadguru Sharan Agrahari(Minor) Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rajiv Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Rajiv Dwivedi, learned counsel for the petitioner and learned Standing Counsel for the state-respondents.
The petitioner claims that he made an application under the Right to Information Act for copies of the answersheets in the subjects of General Hindi and English of Intermediate Examination-2019, in the prescribed proforma and has deposited the requisite fee. The application of the petitioner has not been decided till date.
The only prayer made by Sri Rajiv Dwivedi, learned counsel for the petitioner is that the application of the petitioner may be decided within a stipulated period of time.
Learned Standing Counsel submits that in case, the petitioner submits an application in the prescribed format and deposits the requisite fee, and the answersheet has not been weeded out as per law, the respondent Board is under obligation of law to decide the representation of the petitioner.
No useful purpose would be served by keeping this writ petition pending. The writ petition is being disposed of with the consent of the parties.
The matter is remitted to the respondent no. 2, Secretary, Madhyamik Shiksha Parishad, U.P., Allahabad.
A writ of mandamus is issued commanding the respondent no. 2, Secretary, Madhyamik Shiksha Parishad, U.P., Allahabad to decide the application of the petitioner for copies of the answersheets in the subjects of General Hindi and English of the Intermediate Examination-2019 within a period of two weeks from the date of receipt of a certified copy of this order along with a fresh copy of the application and proof of deposit of the requisite fee. In case there is any error in the representation, the respondent no. 2 shall give an opportunity to the petitioner to rectify the same.
It is clarified that this order shall not apply in case the answer- sheets have been weeded out as per the law.
The writ petition is disposed of finally.
Order Date :- 22.8.2019 Dhananjai