Ashaskiya Shikshan Sanstha Sanchalak ... vs The State Of Madhya Pradesh Department ... on 9 November, 2022

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Madhya Pradesh High Court

Ashaskiya Shikshan Sanstha Sanchalak ... vs The State Of Madhya Pradesh Department ... on 9 November, 2022

Bench: Subodh Abhyankar

                                                                  1

                              IN THE HIGH COURT OF MADHYA PRADESH
                                            AT INDORE
                                               WP No. 25566 of 2022
                            (ASHASKIYA SHIKSHAN SANSTHA SANCHALAK SANGH SAMITI THROUGH ITS SECRET-
                              ARY SHRI DINESH MISHRA Vs THE STATE OF MADHYA PRADESH DEPARTMENT OF
                                                  SCHOOL EDUCATION AND OTHERS)

                           Dated : 09-11-2022
                                 Shri Piyush Mathur, learned senior advocate with Shri M.S.
                           Dwivedi, learned counsel for the petitioner.

                                 Shri Umesh Gajankush, learned Additional Advocate General
                           for the respondents/State.

Learned counsel for the respondents/State seeks and is granted three weeks time to file the reply.

Also heard on the question of interim relief.

Learned senior counsel for the petitioner submits that the half yearly Board examination conducted by the respondents for class 5th and 8th are in gross violation of Section 30 of the Right of Children to Free and Compulsory Education Act, 2009, hence the exams be stayed.

On the other hand, learned counsel for the respondents has opposed the prayer and it is submitted that no case for interim relief is made out at this juncture as it would not prejudice any child and also that the petition has not been preferred by any affected party namely a student or his/her parents.

Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 11-11-2022 17:59:20 2

On due consideration and on perusal of the grounds raised by the learned counsel for the petitioner as also the provisions of the Right of Children to Free and Compulsory Education Act, 2009, it is directed that the results of the examination so conducted by the respondents shall be subject to the final disposal of this petition.

A word of caution to the students who are sitting in the said examination, and also to their parents to not to allow this order to come in their way and they should concentrate in their studies only and give the exams with the same seriousness as earlier.

Let the matter be listed on 29/11/2022.

C.c. as per rules.

(SUBODH ABHYANKAR) JUDGE krjoshi Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 11-11-2022 17:59:20

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