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Allahabad High Court dismisses PIL seeking to stop improvement examination of UP Board

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The Lucknow Bench of the Allahabad High Court on Tuesday dismissed a PIL seeking to stop the examination to improve marks in the UP Board.

The Division Bench of Justice Ritu Raj Awasthi and Justice Abdul Moin passed this order while hearing a PIL filed by Ritik Shukla. In the PIL, the petitioner challenged the order dated August 19, 2021, passed by respondents, and the Government Order dated August 25, 2021.

He has also sought a direction to the opposite parties to conduct the exam at the institution-level in pursuance of pre-board exam policy for those students whose exams cannot be evaluated due to absence or no conduction of pre-board examination instead of pre-board exam in pursuance of order dated August 19, 2021.

Kuldeep Pati Tripathi, Additional Advocate General appearing on behalf of the opposite parties, has raised a preliminary objection regarding maintainability of writ petition on the ground that not a single student has come forward to raise his grievance that he is in any manner discriminated and all those students who wish to get their marks improved are entitled to appear in the exams for which they could submit their forms in their respective institutions. They could not be said to be prejudiced in any manner.

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The petitioner is neither a student of high school or intermediate nor has any personal stake in the examination policy issued on June 20, 2021.

The Court observed that the Counsel for the Petitioner has not been able to satisfy the court as to how this PIL on behalf of the students would be maintainable, particularly when not a single student has come forward to raise his grievance against the examination policy issued by the State Government on June 20, 2021.

The Court said that the Government Order dated August 17, 2021 clearly indicates that all those students who wish to get their marks improved are entitled to appear in the exams for which they can submit their forms in their respective institutions up to the midnight of August 29, 2021 and such forms are to be uploaded and this has also been widely publicised in news papers. Not a single student has come forward for raising any prejudice or discrimination.

In view of above, writ petition being devoid of merit is dismissed, the Court ordered.

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