IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5447 of 2008 Between: 1 D.T.S.S. Pavan Kumar S/o. D. Bala Koteswara Rao 2-1-251, Flat No.404, Lahari Apartments, nallkunta, Hyderabad. 2 P. Sandeep Kumar, S/o. Satyanarayana 1-7-500/6, Musheerabad, Bakaram, Hyderabad. 3 Mohd. Hasanuddin S/o. Mohd. Sajiduddin, 17-1-30/57, Edi Bazar, Ramchandra Nagar, Hyderabad. 4 B. Babu, S/o. B. Prabhu LIG, Block-II, Plot No.3, Bagh Lingampally, Hyderabad. ..... PETITIONER(S) AND 1 The Board of Intermediate Education, rep. by its Secretary, Nampally, Hyderabad. 2 Narayana Junior College, 3-5-598, Vittalwadi, Narayanaguda, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or a direction more particularly one in the nature of writ of mandamus directing the 1st respondent to permit the petitioners to appear and write the Intermediate Public Examinations scheduled in March, 2008 by issuing Hall tickets and to effect the result thereon in the interest of Justice. It is further prayed for the grant of such other and further reliefs as may be deemed fit and proper by this Hon'ble Court in the interest of Justice. Counsel for the Petitioner:MR.K.SRINIVASA PRASAD Counsel for the Respondent No.: KUM.C.SINDHU KUMARI The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 5447 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners who are four in number with a prayer to issue a writ, order or direction more particularly one in the nature of writ of mandamus directing the 1st Respondent to permit the petitioners to appear and write Intermediate Public Examinations Scheduled in March, 2008 by issuing Hall Tickets and to effect the result thereon. 2. Rule nisi came to be issued on 14-3-2008. Interim order came to be passed in W.P.M.P.No. 7061 of 2008 directing the 1st Respondent to issue hall tickets to the petitioners to enable them to appear in the Intermediate second year left over examinations. A direction has also been issued to the 1st Respondent to conduct enquiry with regard to the lapses on the alleged non-receipt of examination fee said to have been paid by the petitioners to the second respondent and fix up the responsibility on the concerned as to whether any fee has been paid by the petitioners or not and if any fee has been paid whether the said fee has been deposited or not and appropriate action may also be taken against the erring persons. 3. In pursuance of the direction 1st respondent initiated proceedings and issued show a cause notice directing the 2nd Respondent to explain as to why Rs.1,60,000/- @ Rs.40,000/- each for four candidates should not be imposed as exemplary penalty for violation of the Rule 14(16) of G.O.Ms.No.29, dated 5-2-1987. 4. Learned counsel appearing for the 2nd respondent submits that the 2nd respondent is prepared to pay penalty of Rs.1,60,000/- as proposed in the show cause notice. 5. It goes without saying that the petitioners have paid fee to the 2nd respondent and it is the responsibility of the 2nd Respondent to made over the same to the 1st Respondent. Both the counsel report that in view of the 2nd respondent consenting for payment of the penalty, there cannot be any impediment for release of the results of the petitioners who have written examination in pursuance of the order in W.P.M.P.No. 7061 of 2008. 6. In that view of the matter, the writ petition is disposed of directing the 1st respondent to declare the results of the petitioners as soon as the penalty imposed on the 2nd respondent is paid. No order as to costs. ______________________________ Justice B.Seshasayana Reddy 7th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 5447 OF 2008 7th July, 2008.