SANJEEV KUMAR GANGWAR Vs. SECRETARY BOARD OF HIGH SCHOOL AND INTERMEDIATE EDUCATION U P ALLAHABAD AND

JUDGEMENT

(1.) The short question that arises for consideration in this petition is whether a student who has failed in class XI examination can appear next year in class XII Intermediate Examination?

(2.) Both the petitioners were regular students of A.S.N.I. College, Gopalpur Azizpur, Bareilly (in brief institution). They passed High School Examination in 1998. They studied in class XI as regular student for the session 1998-99 in Group 'Cha' "Krishi Varg". They could not get through and failed in class XI in the home examination, 1999. Next year, they appeared in Intermediate Examination, 2000, correspondence course under the Correspondence Education Scheme as private candidates with subjects Literary Hindi, Economics. Sociology and Wood Craft. They were declared to have passed in second division. By letter dated 18.7.2000, the Regional Secretary, Madhyamik Shiksha Parishad, U. P., Bareilly, directed the petitioners to deposit their original mark-sheet of Intermediate Examination, 2000, with the Principal Government Inter College, Bareilly. The guardians of the petitioners contacted the Principal of Government Inter College, Bareilly, who issued & show cause notice on 21.7.2000 that petitioners had failed in class XI examination in Group 'Cha' "Krishi Varg" in the academic session 1998-99, therefore, they could not appear in Intermediate Examination, 2000, correspondence course as private candidates. On 8.8.2000, Regional Secretary the respondent No. 2 again directed the petitioners to deposit their mark-sheet of Intermediate Examination, 2000, with Principal Government Inter College, Bareilly, otherwise penal action will be taken against the petitioners. Another letter was written on 12.9.2000 by Principal the respondent No. 3 directing the petitioners to deposit the mark-sheet of Intermediate Examination, 2000. On 13.9.2000 a notice was published in the newspapers having wide circulation stating that user of the mark-sheet of Intermediate Examination, 2000, by the petitioners was illegal and if the petitioners obtain admission or use the mark-sheet for any purposes, it shall be the sole responsibility of the petitioners. It is this notice published in the newspaper dated 13.9.2000, which has been challenged by the petitioners in these writ petitions. The petitioners had prayed that a direction be issued to the respondents not to force the petitioners to surrender the mark-sheet of Intermediate Examination, 2000, issued to the petitioners.

(3.) Shri Ashwani Kumar Mishra, the learned counsel for the petitioners has urged that even if the petitioners failed in class XI examination in the session 1998-99, they could appear in Intermediate Examination of session 1999-2000 as private candidate under the correspondence course scheme as there is no bar that a candidate who has failed in class XI examination conducted by the institution cannot appear next year as private candidate in Intermediate Examination, 2000, in correspondence course. The learned counsel further urged that in Chapter XII, Regulation 36 (2) of the Regulations framed under the U. P. Intermediate Education Act, 1921, the correspondence course shall be normally for a period of two academic sessions but Additional Director of Education (Correspondence Course) can make necessary changes. Chapter XII, Regulation 36 (2) of the Regulations is extracted below : ..(VERNACULAR MATTER OMMITED)..