CHAUDHARY RATANBEN KANJIBHAI Vs. GORDHANBHAI PATEL

JUDGEMENT

(1.) Learned advocate Mr. Suthar is appearing for the petitioner. Learned advocate Mr. Deepak Dave has appeared for Mr. A.D. Oza for the respondent Board. This petition was admitted by this court on 6.5.1992 by issuing rule thereon and it was made returnable on 7th July, 1992.

(2.) In this petition, the petitioner has prayed for the relief that the respondents be directed to declare that the petitioner has passed the New SSC Examination held in the month of March, 1987 of which her seat no. was D.68643. The petitioner has also prayed for quashing and setting aside the mark sheet issued to her by the respondent board at annexure "B" which declares the petitioner as having failed.

(3.) The facts of the present petition, in brief, are that the the petitioner was studying in Std. VIII in the year 1982. However, in view of her father's sad demise, she had left the studies. Thereafter, her family members advised her to prosecute study and, therefore, in the year 1987, when the petitioner completed the age of 18 years, she sought the permission to appear in the said examination which was to be held in March, 1987. The petitioner was given registration number by the board being regi. no. 18869. The petitioner had filled in her form through Pragati Vidyalaya of village Dhota and had selected the following subjects namely (1) Gujarati, (2) Hindi, (3) Social Studies, (4) Manav Jivan Vignan, (5) Arithmatic,(6) Sanskrit and (7) Physical Training. Then, the petitioner accordingly appeared in the said examination, in all the subjects vide seat no. D.68643 from Vadgam Centre. It is her case that she had appeared in the said examination as an external candidate. The results of the said examination were declared on 27th June, 1987 wherein the petitioner was declared to have failed. When her uncle saw the mark sheet, in the mark sheet, subject of physical training was neither shown nor referred to and it was stated as if the petitioner had appeared only in six subjects. Having come to know about this fact, her uncle approached the respondents no.1 and 2 and inquired as to why the petitioner's mark in the said subject of physical training has not been noted and ultimately, in view of such inquiries and approach of her uncle before the respondents no.1 and 2, the petitioner was declared as passed after giving marks in the said subject by issuing mark sheet by the board on 4.7.1987. On 7.7.1987, the petitioner was given the certificate by the principal of the school that she has passed the SSC Examination. Thereafter, on 2.9.1987, the petitioner received letter from the board wherein it was stated that as per the rules, a private candidate cannot take the subject of physical education and the petitioner has opted for the said subject and, therefore, petitioner's said subject has been treated as cancelled and, therefore, the mark sheet dated 4.7.1987 issued in her favour stands cancelled. Thereafter, she was asked to hand over the mark sheet of New SSC by the head master of the school. Thereafter, the petitioner has made several representations and has also approached the respondents but of no avail and, hence, she has approached this court by means of this petition.