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1969 Supreme(SC) 498

G.K.MITTER, S.M.SIKRI
Board Of High School And Inter Mediate Education, U. P. – Appellant
Versus
Chitra Srivastava – Respondent


Advocates:
Advocate Appeared:
For the Appellants: Mr. M.A. Qayoom, Mr. Ajay Abrol
For the Respondents: Mr. Jahangir Iqbal Ganai, Mr. Sajad Geelani, Mr. W.S. Nargal, Mr. Z.A. Shah, Mr. Faizani Nazar

Judgment

SIKRI, J. : This appeal by special leave is directed against the judgment of the Allahabad High Court whereby it allowed the writ petition filed by the respondent, Kumari Chittra Srivastava, hereinafter referred to as the petitioner, and quashed the impugned order but left it open to the Board to High School and intermediate Education, hereinafter referred to as the Board, to reconsider the case after giving the petitioner a chance to offer her explanation.

2. The facts are not in dispute and the only question which arises is whether in the circumstances the petitioner was entitled to an opportunity to represent her case before the Board prior to the passing of the impugned order.

3. The relevant facts in brief are these. The petitioner was in 1959-60 session a student of Basant Girls Intermediate College, Varanasi. She appeared at the Intermediate examination in 1960 but failed. She then joined the Government Inter College for Girls at Jaunpur. Her name was sent up for Intermediate examination to be held in 1961 by the Principal. She appeared in the examination but her result was not declared by the Board. On May 24, 1961, the Board addressed a letter to the Principal making




























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