Mohammad Ali Khan v. State of U.P. and 3 Others

Court No. - 10 Case :- WRIT - C No. - 26532 of 2023 Petitioner :- Mohammad Ali Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Danish Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J.

¶1Heard Shri Mohammad Danish, learned counsel for the petitioner and Shri Jiterndra Singh, learned Additional Chief Standing Counsel for the State-respondents.

¶2This Court passed the following order on 06.09.2023: "1. Heard Shri Mohammad Ilias, learned counsel holding brief of Shri Mohammad Danish, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

¶2The prayer made by the writ petitioner is with regard to issuance of hardcopy of mark-sheet pertaining to Class XII, which he claims to have cleared from Demand Inter College, Aligarh said to be affiliated to Secondary Board of High School and Intermediate Education, Uttar Pradesh.

¶3After hearing learned counsel for the petitioner and after perusing the application sent by the Institution to the Board, it appears that there is some issue with regard to Class XI. Whereas the case of the petitioner is that he failed in Class XI in some different Institution and, later on, took admission in Class XI in Demand Inter College, cleared the same and got admission in Class XII and has also passed the same, probably there is some miscommunication in between the petitioner and the Board with reference to certain documents.

¶4Learned Standing Counsel may obtain instructions as to what is the factual and legal hurdle in furnishing hardcopy of the concerned mark-sheet to the petitioner.

¶5Put up this case on 09.10.2023 as fresh."

¶3Learned Additional Chief Standing Counsel has produced before this Court a copy of order dated 18.09.2023 passed by the Regional Secretary, Madhyamik Shiksha Board, Meerut. By the said order, the decision in respect of 20 students including the petitioner has been taken and reasons have been assigned for cancelling the petitioner's eligibility in respect of Intermediate examinations, 2020, terming the same to be fabricated.

¶4A copy of said order dated 18.09.2023 has been served upon Shri Mohammad Danish, learned counsel for the petitioner in Court today.

¶5In view of above, no direction, as prayed for, can be issued in this writ petition.

¶6The writ petition is dismissed with liberty to the petitioner to challenge the said order dated 18.09.2023 by filing a fresh petition. Order Date :- 16.10.2023 Sazia High Court of Judicature at Allahabad