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2025 DAILYLAW 71269 (ALL)

ABHAY PRATAP RAGHAV v. STATE OF U.P. AND 2 OTHERS

WRIC/20999/2025 · 2025-07-07

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107689 Court No. - 32 Case :- WRIT - C No. - 20999 of 2025 Petitioner :- Abhay Pratap Raghav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shyam Narayan Verma,Vijay Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed by the petitioner for the following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus, commanding and directing respondent nos. 2 and 3 to produce the answer books/records of the petitioner bearing Roll No. 1250024973 for the subject Hindi, English and Social Science of High School Examination, 2025 forthwith. (ii) Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondents to re-check/re-evaluate the copies of the petitioner for the subject HIndi, English and Social Science of High School Examination, 2025 bearing Roll No. 1250024973, within stipulated period." 2. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner has appeared in the High School Examination, 2025. The grievance of the petitioner is that he has attempted all the questions but has been awarded lesser marks in subject Hindi, English and Social science. He has prayed that for perusal of the Court his answer sheets of the aforesaid subjects may be directed to be produced before this Court. 3. Per contra, learned counsel appearing on behalf of respondent nos. 1 to 3 vehemently opposed the writ petition and submitted that filing of this writ petition is a gross misuse of process of law. It is further submitted that the last date of filing of scrutiny form for re evaluation of the marks was 19.5.2025, but the petitioner has failed to fill up the form for scrutiny of his marks in the said subjects.There are no reasons given in the writ petition to explain why he has not availed the opportunity of filing of the requisite form for re evaluation of his marks in the subjects in which he got lessor marks than his aspiration. It is further submitted that the petitioner has failed to make out any case for issuing of writ direction or order in the nature of mandamus while exercising the extraordinary power under Section 226 of the Constitution of India. 4. Heard learned counsel appearing on behalf of the petitioner, Sri Deepak Chauhan, learned Standing Counsel appearing on behalf of the State, perused the contents made in the writ petition and the material on record. 5. Now I have to examine the case in hand. It is settled law that writ in nature of mandamus to compel public officials or bodies to perform their legal duties when they have failed or refused to do so. It can be used for enforce fundamental rights guaranteed by the constitution ensuring that individuals are not deprived of their rights due to inaction or misconduct of public authorities. 6. Taking into consideration of matter on record and submissions made by the learned counsel for the petitioner, I do not find any reason for issuance of direction, writ or order in the nature of mandamus to the respondents as prayed in the writ petition. The petitioner himself has failed to take opportunity of filling up scrutiny form of evaluation as required. 7. In view of the aforesaid discussions and law established, I do not find any merit and cogent reason for allowing the instant writ petition. The writ petition is devoid of any merit and is accordingly dismissed. Order Date :- 8.7.2025/S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad