Madhya Pradesh High Court
Koushalaya Devi vs Board Of Secondary Education Thr on 19 November, 2015
WP-4524-2015
(KOUSHALAYA DEVI Vs BOARD OF SECONDARY EDUCATION THR)
19-11-2015
Shri Anuj Gupta, counsel 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 (C) No.21977/2015 has passed the order dated 04.09.2015
which reads as under:-
"Petition(s) for Special Leave to Appeal (C) 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 M.P 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. 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 â the Board of Secondary Education and gone through the disputed fact that it is the case where the eligibility form 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passed by this Court on 14.08.2015, the petitioners were allowed to appear in the examinations but the 2 result shall not be published till further orders of this Court.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 circumstances of the case, we dispose of this special leave petition directing the Respondent-Board to publish the result of the examinations forthwith.
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 petitioners to participate in the process of examination, however, their result will not be declared and the order passed by this Court will not create any equity or right in their 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