SAW 467/2010 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH D.B. Civil Special Appeal [Writ] No.467/2010 Board of Secondary Education Versus Nimish Boyat & Anr. DATE OF ORDER : 17/08/2010 HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR.JUSTICE S.S. KOTHARI Dr. Ram Kishan Sharma, for appellant Mr. Virendra Lodha, for respondent *** This is an appeal filed by the appellant of S.B. Civil Writ Petition No.1049/2010 under Section 18 of Rajasthan High Court Ordinance read with Rule 134 of Rajasthan High Court Rules read with Article 225 of the Constitution of India against the order dt.14/07/2010 passed by learned Single Judge in the afore-mentioned Writ Petition i.e. SBCW No.1049/2010. This is what the learned Single Judge held while disposing of interim application made by the writ petitioner: “An application has been filed by the petitioner for declaration of his result of Class-XII [Arts]. I am satisfied with the contents mentioned in the application and the same is allowed. Learned Counsel for the respondent No.1 is directed to declare the result of the petitioner within a period of one week.” SAW 467/2010 [2] Mere perusal of impugned direction would go to show that the learned Single Judge only gave direction to declare the result of writ petitioner. We fail to appreciate as to what is wrong such direction. If a candidate has appeared in any examination, then his result has got to be declared regardless of his performance in the examination. In other words, a candidate can be declared pass or fail, as the case may be, depending upon his performance. There should be, therefore, no harm and legal impediment in ensuring implementation of this direction issued by Single Judge. Indeed not declaring the result may create problem for the candidate because his future remains in limbo, whereas if candidate has appeared in the examination then his result has got to be declared within the stipulated period and it should be communicated to him as per the procedure prescribed therein for such communication. We are, therefore, not impressed by any of the submission urged by learned Counsel for the appellant in support of this appeal. The aforesaid discussion is, therefore, more than sufficient to dismiss this appeal in limine. SAW 467/2010 [3] In the light of our aforesaid discussion, the appellant should declare the result of respondent [writ petitioner] and communicate the same to the writ petitioner within a period of two weeks from today as an outer limit. [S.S.KOTHARI], J. [A.M. SAPRE],J. FRBOHRA467SAW2010 17-08.doc