MANSUKHBHAI KANJIBHAI PATEL Vs. GUJARAT SECONDARY EDUCATION BOARD

JUDGEMENT

(1.) Originally, this Special Civil Application was filed by Mansukhbhai Kanjibhai Patel, alleging that 10 students were illegally denied permission to write the S.S.C. examination commencing on 1 5/03/1999. Thereafter, the 10 students were impleaded as petitioners in this proceeding. The allegation in the Special Civil Application is to the effect that these 10 students paid the examination fees in time and submitted the forms to the Headmistress of Shree L.M. Sharda Mandir High School, but by some mistake, the Clerk of the School had not handed over the money and submitted the forms to the 1st respondent-Gujarat Secondary Education Board and the negligence of the Clerk resulted in denial of opportunity to the 10 students in appearing in the SSC examination. According to the petitioners, the students had done whatever they had to do in the matter of writing the examination and the Board was bound to permit these students to write the examination and, therefore, it is prayed that the 1st respondent-Board shall be directed to permit these students to write the examination.

(2.) Along with the original petition, an affidavit also has been filed by the Headmistress of the School, where it is stated that these 10 students had filed the requisite forms for appearing in the SSC Examination on 24.12.1998 and had also paid the examination fees at that time. It is further stated that one clerk, by name Mafatbhai B. Parmar, who was entrusted with the work of submission of the forms along with the amounts of fees, failed to hand over the forms and pay the fees of the students in question and it is submitted that there was no lapse on the part of any of the students. So, they may be permitted to write the examination.

(3.) The Chairman of the 1st respondent-Board filed a detailed affidavit-in-reply, denying the allegations in the Special Civil Application. It is contended that the 10 students, who were repeaters in writing the examination, had not submitted the forms in time. The entire programme of the examination was published well in advance and the last date for filing of the consolidated forms for the repeater students was 21.12.1998 and the same was to be presented with demand draft and the form should reach the office of the D.E.O. on or before 24.12.1998. The list of eligible candidates was prepared and sent to various schools as early as on 18.1.1999 and instruction was given to all the schools that they should check all the particulars of the school and the signatures of the students are to be obtained in the prescribed column and the proforma shall be returned to the Board on or before 25.1.1999. It is submitted that in the instant case, the 3rd respondent-Headmistress of the school must have come to know as early as on 18.1.1999 that these 10 students were not going to appear for the ensuing examination and the allegation made by the Headmistress that she came to know of it on 9.3.1999 is denied. It is also stated that after verifying the forms and signatures of the students, the forms were submitted to the representatives of the Board on 25.1.1999 and after the above procedure, the Board would start preparing the list with seat numbers of the students and hall receipts and the same were given personally at district level on 5.3.1999. It is submitted that there was no negligence or omission on the part of the 1st respondent-Board.