LAWS(GJH)-1997-1-47

ALKABEN DEVABHAI PARMAR Vs. DISTRICT EDUCATION OFFICER

Decided On January 10, 1997
ALKABEN DEVABHAI PARMAR Appellant
V/S
DISTRICT EDUCATION OFFICER Respondents

JUDGEMENT

(1.) Heard the learned advocates for both the sides at length on merits, and, therefore, at this stage I proceed to finally dispose of this petition.

(2.) The petitioner Alkaben Devabhai Parmar had appeared for S.S.C. Examination through Navchetan English School, Bahi, Tal. Sahera, Dist: Panchmahals, held in March, 1993. Her results were declared and she was declared having passed the said examination and she also received her marksheet, but she felt that the marks given to her were less and her expectation was for higher marks. Therefore, she applied for rechecking of her marks. It is her further claim that her application for rechecking was allowed and she was given higher marks. She produced the said fresh marksheet and obtained admission for P.T.C. Course. It seems that thereafter, it was transpired that the marksheet which she had produced in order to show that she had. obtained higher marks was a forged and fabricated document, and, therefore, the Deputy Director of Education, Government of Gujarat issued direction to cancel her admission for P. T.C. course. It seems that there was detection of such forged and fabricated marksheets in other cases and the said affair of forged and fabricated marksheet is subject matter of a criminal proceeding and investigation was also directed and the same was pending when this petition was filed.

(3.) But after the cancellation of her admission for P.T.C. Course, she applied for getting admission for 11th standard and she was given provisional admission for class of 11th standard. The respondent No. 2 Principal of Navchetan English School had informed the authorities to clear her admission for 11th standard, as the same was provisionally given. An undertaking was also taken from her that admission to her for 11th standard was also given provisionally. But it seems that no decision was taken by the respondent No .1 or his office on the report moved by respondent No. 2 as regards giving provisional admission to the present petitioner. As no decision was intimated either to the petitioner or to the respondent No. 2 the petitioner appeared for the annual examination of 11th standard and she had also passed the said examination. Then, she got admission in the 12th standard and when she was about to appear for the 12th standard examination, she was informed that her provisional admission in 11th standard was cancelled. Consequently, the respondent No. 2 also informed her that it could not be said that she had clear the examination of 11th standard and she cannot appear for the board examination of 12th standard and hence, she has come before this court.