REGIONAL OFFICER CBSE Vs. KU SHEENA PEETHAMBARAN

JUDGEMENT

(1.) The Central Board of Secondary Education (for short the Board), felt aggrieved by the decision of Madhya Pradesh High Court rendered on 2-7-1996 in writ petition No. 426 of 1996, filed by the respondents No. 1 and 2, whereby directing the Board to declare the result of the examination undertaken by the respondent No. 1 for class X in the year 1996, hence the present appeal. In the impugned judgment it was also directed that a fresh marks-sheet be also issued to her, since the result had been declared earlier only provisionally. The grievance of the Board that the respondent No. 1 was not eligible to appear in the high school examination, was not accepted.

(2.) The brief facts of the case are that the respondent No. 1 was student of St Pauls School, Morar, Gwalior, affiliated to the Central Board of Secondary Education, New Delhi. She filled up form for high school examination but the same was withheld by the school authorities on the ground that she had not cleared her class IX examination. It gave rise to filing of a writ petition No. 484/95 by respondents Nos. 1 and 2, the candidate and her father. On 4-4-1995 an interim order was passed by the High Court to the following effect :-

(3.) It, however, appears that another writ petition No. 426 of 1996 was filed by respondents No. 1 and 2 with a prayer that a telegram sent by the Regional Officer of the Board, Ajmer, Rajasthan not permitting her to appear in the examination may be quashed and the petitioner No. 1 may be allowed to appear in the examination of the Board which was to start on 6-3-1996. On 1-3-1996 the High Court passed the following interim order :-