JUDGMENT S.P. Mehrotra, J.
1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for the following reliefs :-
"(i) issue a writ, order or direction in the nature of certiorari quashing the order dated 13.2.2002 obtained by the petitioner.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondents to declare the result of the petitioner of Intermediate Examination, 2002 bearing Roll No. 912913 and also issue his marksheet of the said examination.
(iii) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(iv) allow the writ petition with costs in favour of the petitioner."
2. It is, inter alia, alleged by the petitioner that the petitioner passed the High School Examination from U.P. Board of High School and Intermediate Education in the year 2000 with II Division; and that the petitioner took regular admission in Class XI in V.P. Public Inter College, Sulem Sarai, Allahabad; and that the petitioner passed the XI Class from the said institution V.P. Public Inter College, Sulem Sarai, Allahabad in the year 2001.
3. It is, inter-alia further alleged by the petitioner that the petitioner filled examination form Intermediate Education, 2002 as a private candidate, and deposited the requisite fees through treasury challan in Allahabad Bank, Allahabad within the stipulated time; and that the petitioner submitted his examination form of Intermediate Examination, 2002 within time in the Lala Man Mohan Das Inter College, Jhunsi, Allahabad along with the necessary documents/certificate; and that forwarding college forwarded the form of the petitioner as a private candidate and the same was accepted without any deficiency or complaint; and that Roll No. 912913 was allotted to the petitioner and the petitioner was issued admit card by the respondent authorities.
4. It is, inter-alia, further alleged by the petitioner that the petitioner appeared in all papers of the Intermediate Examination, 2002 conducted by the U.P. Board of High School and Intermediate Education and completed all the papers without any hindrance; and that the U.P. Board of High School and Intermediate Education supplied all the papers and copies regularly to the petitioner; and that the petitioner was never told about any deficiency or any other complaint whatsoever.
5. It is, inter-alia, further alleged by the petitioner that the petitioner got an ordinary letter dated 13.2.2002 issued by the Assistant Secretary (Examination), Madhyamik Shiksha Parishad, Regional Office Allahabad in the month of April, 2002 after completion of entire examination; and that by the said letter dated 13.2.2002 (Annexure No. 6 to the writ petition), the examination form of the petitioner for Intermediate Examination, 2002 has been cancelled by the respondents without giving any notice or any opportunity of hearing or show cause to the petitioner.
6. A perusal of the said letter dated 13.2.2002 (Annexure No. 6 to the writ petition) shows that the candidature of the petitioner in respect of Intermediate Examination, 2002 has been cancelled on the ground that the petitioner has not complied with the provisions of Chapter XII, Regulation 37 and Chapter XIV, Regulations 1 and 2 of the Regulations framed by the Board of High School and Intermediate Education.
7. I have heard learned Counsel for the petitioner and learned Standing Counsel representing respondent Nos. 1 and 2.
8. Learned Counsel for the petitioner submits that the facts of the present case are similar to the facts of Civil Misc. Writ Petition No. 11022 of 2002 which has been decided by the learned Single Judge of this Court by the judgment dated 3.9.2002. In the circumstances, the contention proceeds, the petitioner is entitled to the same reliefs as were granted in the said judgment dated 3.9.2002.
9. Learned Standing Counsel appearing for the respondents fairly does not dispute that the facts of the present case are similar to those of Civil Misc. Writ Petition No. 11022 of 2002.
Having heard learned Counsel for the parties, I am of the opinion that as the facts of the present case are similar to those of the aforesaid Civil Misc. Writ Petition No. 11022 of 2002, this writ petition may also be disposed of in terms of the same directions as were given by this Court in the said judgment dated 3.9.2002 passed in the said Civil Misc. Writ Petition No. 11022 of 2002.
10. In the said judgment dated 3.9.2002, it was, inter-alia, directed as follows :
"So far as the claim of the petitioners in this petition is concerned and in similarly situated other petition who have been already permitted to appear in the examination, by the respondents themselves, may be on account of paucity of time on their part, examining the individual case as has been submitted by the learned Standing Counsel, cancellation of their result at this stage, this Court feels will not be in the ends of justice. As this Court in the interim order granted has made it clear that non-registered candidates should not be permitted and it is on account of the permission so given by the respondents they have appeared and, therefore, it appears to be just and proper to give a direction to declare the result within a period of two weeks from the date of receipt of certified copy of this order.
It is made clear that so far this direction of declaring the result of the students who appeared in their respective examination as a private candidate will remain confined only for the session 2002 is concerned and no body shall be entitled to claim any parity on this ground for the next session.
In view of the aforesaid direction, this petition stands allowed/disposed of and the impugned action of the respondents stands quashed."
11. In view of the aforesaid discussion this writ petition is disposed of with the direction that the respondents will declare the result of the petitioners expeditiously within a period of three weeks from the date of filing of a certified copy of this order before the respondents.