Allahabad High Court
VISHWA PRAKASH YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VINOD DIWAKAR
Holding
The Court declined to issue mandamus and instead directed the petitioner to file a fresh representation and the respondent to decide it within a stipulated time.
Summary
The petitioner, Vishwa Prakash Yadav, filed a writ petition under Article 226 seeking a mandamus directing the Principal Secretary of the U.P. Madhyamik Sanskrit Shiksha Parishad to consider his representation dated 28‑04‑2026 for re‑evaluation of answer scripts in four subjects. The Court examined the petition but refrained from adjudicating the merits of the re‑evaluation claim. Instead, it ordered the petitioner to file a fresh representation, incorporating all grievances, within one week of receiving the certified copy of the order. The Court further directed the respondent to decide the fresh representation by a reasoned order within two weeks of receipt. No mandamus was issued; the petition was disposed with directions for a renewed application process.
Issues considered
- Whether a writ of mandamus can be issued to compel the Principal Secretary to consider and decide the petitioner’s representation for re‑evaluation of answer scripts.
Subjects
- mandamus
- revaluation
- education
- writ petition
- administrative law
- U.P. Madhyamik Sanskrit Shiksha Parishad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 23807 of 2026
Vishwa Prakash Yadav
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Gulab Chandra Tiwari, Prateek Singh,
Uday Shankar Tiwari
Counsel for Respondent(s) : C.S.C.
Court No. - 38
HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner, and Shri Vaibhav Tripathi,
learned Standing Counsel appearing for the State-respondents.
2. The present writ petition has been filed seeking issuance of a writ, order
or direction in the nature of mandamus commanding respondent no. 1,
namely, the Principal Secretary, U.P. Madhyamik Sanskrit Shiksha Parishad,
Lucknow, to consider and decide the representation dated 28.04.2026
submitted by the petitioner seeking scrutiny/revaluation of his answer scripts
in Subject No. (i) – Anivarya Sanskrit, (ii) Sahitya, (iii) Hindi, and (iv)
Vigyan.
3. Having regard to the facts and circumstances of the case and without
entering into the merits of the claim of the petitioner, the present writ
petition is disposed of with liberty to the petitioner to submit a fresh
representation, raising all his grievances and contentions, before respondent
no. 1, the Principal Secretary, U.P. Madhyamik Sanskrit Shiksha Parishad,
Lucknow.
4. In the event the petitioner submits such representation, along with a
certified copy of this order and all relevant documents, within one week
from the date of receipt of a certified copy of this order, respondent no. 1
shall consider and decide the same by means of a reasoned and speaking
order, in accordance with law, expeditiously and preferably within a period
of two weeks from the date of receipt of the representation.
September 21, 2026
Shafique
(Vinod Diwakar,J.)
Digitally signed by :-
SAFIKUR RAHAMAN
High Court of Judicature at Allahabad
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