Pramod Kumar Singh vs State of U.P. and Others

Amreshwar Pratap Sahi, J.—This petition has been filed by the brother of one Kumari Richa Singh who is admittedly a minor. The relief claimed in this petition is that the result of Km. Richa has not been properly prepared as the marks awarded to her in the examination in question is not on proper evaluation. Unfortunately this petition has been filed by the brother of the candidate without disclosing as to how he is the guardian of the concerned student. The vakalatnama has been filed by Pramod Kumar Singh who is the brother of the candidate.

In the opinion of the Court the petitioner cannot represent his sister so long as he is not the guardian of his sister under the relevant law for the time being in force and even otherwise a minor can be appropriately represented in a writ petition on the principles as enshrined under Order XXXII of the Code of Civil Procedure. In my opinion the petition suffers from the defect aforesaid and is accordingly dismissed without prejudice to rights of the minor to represent her cause in accordance with law through her lawful guardian.

The writ petition is dismissed.