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Madhya Pradesh High Court

Board Of Secondary Education Bhopal vs Subhash Chandra Bose College Gwalior ... on 22 August, 2014

                       1                 Review Petition No. 216/2014

                        Board of Secondary Education, Bhopal Vs. Subhash Chandra
                                                  Bose College, Gwalior & Ors.
22/08/2014
      Shri AK Nirankari, Advocate for petitioner- Board.
      Shri   RBS   Tomar,    Advocate         for    respondent         No.1-

College.

Heard.

This Review Petition has been filed for reviewing the order dated 30-01-2014 passed in Writ Petition No.5646/2012.

This Court disposed of the aforesaid writ petition with the following directions:-

"Consequently, the petition is disposed of with a direction that the respondent- Board shall declare the result of the students of the petitioner institution, who were permitted to appear in the examination in pursuance to the interim order dt.13.8.2012 and their course be treated as valid in accordance with law.
No order as to costs."

As per the petitioner- Board, respondent No.1- College submitted a list of D.Ed. First Year students who were granted admission in the academic session 2011-2012 but those students are not genuine. An enquiry was conducted and it was found that subsequently the College submitted the list of students. In support of aforesaid contention, along-with list of students photocopy of note-sheet has been filed.

We cannot take cognizance of the aforesaid photocopy of note-sheet because in accordance with the provision of Chapter 9 Rule 17(g) of MP High Court Rules 2008, for 2 Review Petition No. 216/2014 production of any document in any case, it shall be accompanied by an affidavit.

In this view of the matter, this writ petition is disposed of with the following direction:-

(i) That the petitioner- Board is at liberty to verify the genuineness of the students after conducting an enquiry. For the aforesaid purpose, an opportunity of hearing be also provided to the College and if it is found that the students of College are not genuine, the Board is at liberty to take appropriate action in accordance with law.

No order as to costs.

             (S.K.Gangele)                            (D. K. Paliwal)
                Judge                                   Judge
MKB