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2009 Supreme(MP) 657

R.K.GUPTA, DIPAK MISRA
Board of Secondary Education – Appellant
Versus
Rakesh Kewat – Respondent


ORDER

Dipak Misra, J.

1. In this appeal preferred under Section 2 or the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 defensibility of the order dated 23-3-2009 passed by the learned Single Judge in W.P. No. 12969/08 is called in question.

2. The facts which are requisite to be exposited are that the writ petitioner, the respondent No. 1 herein, invoked the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India for issue of a writ of mandamus to the Board of Secondary Education, Bhopal (for short 'the Board') to declare his result of Class XII Examination which he had undertaken in March, 2008. In consequential relief it was prayed that on declaration of such result if it is found that the petitioner was entitled to appear in the supplementary examination to give a direction to revaluate the answer scripts or to permit him to appear in the supplementary examination and to issue a further direction for taking provisional admission in college. As is evident, the undisputable facts are that the writ petitioner, the respondent No. 1 herein, was informed about the cancellation of his results on a complaint of copying allegedl





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