JUDGEMENT
K.C.Agrawal, J. -
(1.)This writ petition under Art. 226 of the constitution seeks a maodamus directing the secretary. Board of High Court and Intermediate Education, U.P. Allahabad to declare the petitioner s result of the High School Examination of the year 1980.
(2.)The petitioner submitted his form to appear at the High School as a private candidate the 19th Nov., 1979. The form was accepted and the petitioner was allotted roll no. 644847. He thereafter appeared at the Examination. When he did not find bis result, the petitioner approached the Board of High School and Intermediate Education and was told that as the last date for submission of form for the private candidates had expired on 31st Aug., 1979. the petitioner was not eligible to appear at the examination. On the basis that the petitioner was not eligible 10 appear at the examination the Board justified its order of withholding he result. The effect of not declaring the result was that it should be deemed to have been cancelled.
(3.)Challenging the aforesaid order of the Board of High School and Intermediate Education, the petitioner filed the present writ petition. The learned counsel contended that although the last date for submission of the form was 31st Aug., 1979 but since the petitioner's form submitted on 19th Nov., 1979 was accepted and the petitioner was permitted to appear at the examination, the Board should be deemed to have condoned the delay in submitting the form. The submission appears to be well founded. The power to fix the last date for submission of the form was of the nature which could be extended by the Board. We do not mean to say that as a rule any body could force the Board for the extension of such a date. But as in the instant case the petitioner's form submitted on 19th Nov., 1979 had been accepted the date should be deemed to have been extended That being the reason, the Board was not justified in not declaring the result of the petitioner and cancelling his result of the year 1980. The petitioner has given the marks secured by him in various subjects in paragraph 14 of the writ petition which has not been denied or refuted.
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