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Judgment
Ajay Rastogi
Instant petition has been filed by the petitioner who was not permitted to appear in the Senior Secondary Examination-2012. Counsel submits that such of the students like petitioner who qualified their Adib Examination from Jamia Urdu Aligarh have been permitted by this Court to appear in the Senior Secondary School Examination-2012 after hearing the parties by a detailed interim order dated 13/03/2012 passed in CWP-3238/2012.
Counsel submits that Senior Secondary School Examination-2012 have already commenced from 15.03.2012 and out of five, examination of three papers have been held but still if the petitioner is not permitted to appear in remaining two papers, prejudice may cause to him.
As per schedule of senior secondary Examination-2012 made available to this Court, in all there are five papers in which the petitioner was to appear and three papers have already been held on 15th, 16th & 19th march, 2012. It is no doubt true that who earlier approached this Court prior to the examination being held, permission was granted to appear vide order dated 13/03/2012 but in the instant case, when three papers have already been held, at such a belated stage seeking permission to appear in remaining two papers there appears no justification to exercise its equitable jurisdiction u/Art. 226 of the Constitution of India. This Court in the facts of the instant case does not find any justification to grant permission to the petitioner as prayed for and the petition deserves to be dismissed.