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Madhya Pradesh High Court

Vinita Devi vs The Board Of Secondary Education Thr on 30 November, 2015

                           1        W.P.7930/15
       Vinita Devi & Ors.Vs. The Board of Secondary
                                   Education & Ors.

30.11.2015
     Shri Nitin Agrawal, Advocate for the petitioners.
     Shri A.K.Nirankari and Smt. Nidhi Patankar, counsel for
the respondent/Board of Secondary Education.
     The Hon'ble Apex Court in the case of Dharmendra
Padiyaar and others Vs. State of M.P. & Others in Special
Leave to Appeal © No. 21977/2015 has passed the order
dated 04.09.2015 which reads as under:-
    "Petitioner(s) for Special Leave to Appeal © No.
    21977/2015.
    (Arising out of impugned final judgment and order
    dated 23/07/2015 in WP No. 4776/2015 passed
    by the High Court of M.P. At Indore)
    DHARMENDRA PADIYAAR AND ORS. Petitioner(s)
    VERSUS
    STATE OF MP AND ORS (Respondent(s)
    (With appln. (s) for exemption from filing O.T. And
    interim relief and office report)
    Date : 04/09/2015. This petition was called on for
    hearing today.
    CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL
              HON'BLE MR. JUSTICE C. NAGAPPAN
    For Petitioner(s) Mr. Saurabh Suman Sinha, Adv.
                           2         W.P.7930/15
       Vinita Devi & Ors.Vs. The Board of Secondary
                                   Education & Ors.

     Mr. Prashant Kumar, Adv.
     For M/s Ap & J Chambers.
     For Respondent(s). Mr. Harshvardhan Jha, Adv.
                         Mr. Adarsh Upadhyay, Adv.


     UPON hearing the counsel the Court made the
     following


                          ORDER

We have heard Mr. Saurabh Suman Sinha, learned counsel appearing for the petitioners and Mr. Harshvardhan Jha, learned counsel appearing for respondent nos. 2 & 3- the Board of Secondary Education and gone through the disputed fact that it is the case where the eligibility from was submitted by the petitioners belatedly. However, the petitioners got admitted and continued their study.

By interim order passed by this Court on 14.08.2015, the petitioners were allowed to appear in the examinations but the 2 result shall not be published till further orders of this Court. Taking into consideration the entire facts and the circu7mstances of the case, we dispose of this special leave petition directing the Respondent-Board to publish the result of the examinations forthwith.

3 W.P.7930/15

Vinita Devi & Ors.Vs. The Board of Secondary Education & Ors.

As a sequel to the above, interlocutory application for exemption from filing official translation is disposed of."

Keeping in view of the aforesaid order passed in SLP, the respondents are directed to permit the petitioner to participate in the process of examination, however,, his/her result will not be declared and the order passed by this Court will not create any equity or right in his/her favour.

Return, if any, be filed within eight weeks. List on 28.01.2016.

Certified copy as per rules.

     (S.C. Sharma)                           (D.K. Paliwal)
       Judge                                     Judge
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