IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 7657 of 1995 HON'BLE MR.JUSTICE K.S.JHAVERI ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- RUSHIRAJ M VYAS Versus GUJARAT STATE SECONDARY EDUCATION BOARD -------------------------------------------------------------- Appearance: MR MD RANA for Petitioner No. 1 MR VIJAY H PATEL for Respondent No. 1 MR AD OZA for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE K.S.JHAVERI Date of decision: 27/12/2004 ORAL JUDGEMENT 1. The petitioner has by way of this petition prayed that respondent be directed to declare him as having passed in XIIth standard examination. 2. Heard the learned advocates for the respective parties. As per the explanation tendered by the Officer today, due to long lapse of time, the original record is not available. Though the conduct of the respondent Board is not proper, it will not be appropriate for this Court to give any opinion, almost after 9 years.The fact remains that the original record is not available with the respondent Board as well as before the Forensic Laboratory. 3. In view of the aforesaid situation, now nothing can be done in this matter. After a lapse of 9 years it would not be proper to grant the prayer made in this petition. 4. In the premises aforesaid, and in view of the overall stand as referred above, no fruitful purpose would be served by giving directions to the respondent Board. It is hoped that in future, the Officer of the Board shall take care before filing any affidavit-in-reply before this Court. However, it will be open for the petitioner to file appropriate proceedings for damages. 5. With the above observations, the petition stands disposed of. Rule is discharged with no order as to costs. Interim relief if any, stands vacated. [K.S. JHAVERI, J.] /phalguni/