Kusum Pandey v. State of U.P. and 3 Others

Court No. - 10 Case :- WRIT - C No. - 35604 of 2023 Petitioner :- Kusum Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Pandey Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J.

¶1Heard Shri Vinod Pandey, learned counsel for the petitioner and Shri Jitendra Singh, learned Additional Chief Standing Counsel for the respondent nos.1, 2 and 3.

¶2The petitioner claims to have passed Intermediate Examination from the respondent-Board in the year 1993 and it is contended that she joined some service in the state of Bihar and now when the necessity to obtain Intermediate Examination Certificate was felt, she applied before the respondent no.2-Additional Secretary, Madhyamik Shiksha Parishad, Regional Office Varanasi (U.P.) by moving applications including application dated 02.06.2022. The submission is that the Principal of the Institution has also by letter dated 15.10.2019 requested the respondent no.2 to issue Certificate of Intermediate Examination, however, till today, nothing has happened.

¶3Shri Jitendra Singh, learned Additional Chief Standing Counsel submits that the matter being 30 years old and such requests can be considered strictly in accordance with the concerned Regulations framed under the U.P. Intermediate Education Act, 1921 and in case the Regulations provide issuance of Certificate at this belated stage or a duplicate copy thereof, the respondent no.2 being the Competent Authority shall take a decision in the matter after due verification of record and availability of Certificate or its duplicate copy.

¶4In view of the above, the writ petition is disposed off directing the respondent no.2--Additional Secretary, Madhyamik Shiksha Parishad, Regional Office Varanasi (U.P.) to consider the petitioner's request contained in her application dated 02.06.2022 strictly in accordance with law and take a decision thereon before

31.01.2024, provided a certified copy of this order alongwith all previous applications is submitted before the respondent no.2 in the month of November 2023 itself. Order Date :- 8.11.2023 Jyotsana High Court of Judicature at Allahabad