Arpita Shukla v. State of U.P. and 4 Others

Court No. - 10 Case :- WRIT - C No. - 41296 of 2023 Petitioner :- Arpita Shukla Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohan Lal Pandey,Narendra Kumar Shukla,Nishi Kant Chaturvedi Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J.

¶1Heard Sri Mohan Lal Pandey, learned counsel for the petitioner, Sri Jitendra Kumar Singh, learned Additional Chief Standing Counsel for Respondents No. 1,2,3 and 4.

¶2In view of the order proposed to be passed, it is not necessary to issue notice to Respondent No.5.

3.This petition has been filed seeking a writ of mandamus commanding Respondent No.3, Uppar Secretary, Madhymick Shiksha Parishad Uttar Pradesh, Allahabad Region, Prayagraj/Allahabad to correct the date of birth of the petitioner in her high school mark-sheet from 2002 to 2005.

¶4Learned counsel for the petitioner submits that within the period of limitation prescribed under Chapter III Regulation 7 of the Regulations framed under U.P. Intermediate Education Act, 1921, the petitioner has already applied before Respondent No.3 and the D.I.O.S. has already recommended the matter in her favour on 15.10.2020 i.e. in the same year in which the high school examination was cleared by the petitioner, however, no order has been passed by the Respondent No.3 nor any correction has been made so far in the mark-sheet.

¶5Learned Additional Chief Standing Counsel submits that the Respondent No.3 shall examine the relevant record and after summoning the requisite report from the Respondent No.5, Principal, Shabari Balika Inter College, Barokhar Koraon, Prayagraj/Allahabad Prayagraj Respondent No.3, shall take appropriate decision within the time allowed.

¶6The writ petition is disposed of with the following terms:

(i) The petitioner is directed to serve a certified copy of this order along with the relevant documents before the Respondent No.3 within a period of three weeks from today.

(ii) The Respondent No.3 shall call upon the Principal, Shabari Balika Inter College, Barokhar Koraon, Prayagraj/Allahabad Prayagraj to submit his report before him by the end of January, 2024.

(iii) Respondent No.3 shall pass appropriate orders on the petitioner's application by the end of February, 2024 in accordance with law and shall communicate the decision by registered post to the petitioner. Order Date :- 1.12.2023 Kumar Manish. High Court of Judicature at Allahabad