Court No. - 41
Case :- WRIT - C No. - 16721 of 2019 Petitioner :- Yogesh Prajapati (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Umesh Chandra Prajapati Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos. 1 to 3.
Earlier vide order dated 16.5.2019, Court has passed following order;
"Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos. 1 to 3.
Learned counsel for the petitioner submits that he appeared in Intermediate Examination 2019 and after declaration of result, he has been shown fail in four subjects and also shown absent in Chemistry paper.
Learned Standing Counsel submits that so far as subjects in which petitioner is shown fail, he may obtain answer book under RTI Act, 2005 and for showing absent in Chemistry paper, he prays for and is granted one week time to seek instruction.
Put up this case as fresh on 27.05.2019 to enable him to seek instruction that why petitioner is shown absent in Chemistry paper."
Today, learned Standing Counsel has produced written instruction dated 29.5.2019, which is taken on record.
According to the instruction, the attendance sheet received from the examination centre, petitioner was shown absent in the chemistry subject and accordingly, the same was also reflected in the marks sheet, but later on answer book of petitioner was received and he has been awarded 1 marks in the chemistry and after moderation, he has been awarded 14 marks, but even though he is fail in the said subject.
Learned counsel for the petitioner submits that he may be provided the answer book of chemistry subject as well as other subject as prayed in the writ petition.
Learned Standing Counsel appearing on behalf of State submitted that under the provisions of RTI Act, 2005, remedy is available to the petitioner to obtain answer book.
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 Arvind