PREMLATA BALKRISHNA VARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Premlata Balkrishna varma - the petitioner before us was appointed as Assistant Teacher in the primary school (Standard 1st to VIIth) run by Ruheia education Society (Respondent No. 7) with effect from 12-06-1981. She was unskilled teacher when she joined service. She completed certificate course in teaching in cardboard work and book binding in the year 1995. She took admission for postal D. Ed. course of Pune University in the academic year 2000-2001. She appeared in the first year examination of postal D. Ed. course held in the month of October, 2002 and failed in all the six subjects. The next examination for that course was scheduled in the months of april-May, 2003. The petitioner appeared in the first year examination as well as second year examination of postal D. Ed. course held in the months of April-May, 2003. She failed in all the six subjects of the first year examination. As regards the second year examination, she was successful in four subjects and unsuccessful in two subjects. The next postal D. Ed. course examination was held in the month of October, 2003. The petitioner appeared in all the subjects of the first year examination of postal D. Ed. course and the two papers of the second year examination. She was successful in four subjects of the first year examination and she also cleared the two remaining papers of the second year postal D. Ed, course. Thus, by october, 2003, the petitioner had cleared all the papers of second year examination and she was also through in the four subjects of the first year examination of postal D. Ed, course. The two subjects of first year examination of postal D. Ed, course which were yet to be cleared by the petitioner were (one) Hindi-first language and (two) curriculum and Educational Evaluation.

(2.) The State Government of maharashtra on 01-04-2004 issued the resolution/directions granting concession of exemption to repeater candidates of D. Ed. course for the April, 2004 examination. The respondent No. 2-Maharashtra State examination Council (for short, 'the Council') was intimated accordingly in advance. As a matter of fact, the Council despatched the hall tickets of those candidates like the petitioner also who had exhausted the two attempts already in anticipation of the resolution/ directions dated 01-04-2004. The examination were to commence on 06-04-2004. The petitioner was given her hall ticket on 06-04- 2004 at Vasai. Her center of the examination was at Nashik. The examination of two papers viz. (i) Hindi - first language and (ii) curriculum and Educational Evaluation as per the time-table were scheduled on 06-04-2004 and 12-04-2004 respectively. The petitioner did not appear nor could she appear at Nashik in the first language paper fixed on 06-04- 2004 as she was given hall-ticket on that very day at Vasai. She did appear on 12-04-2004 in the other paper viz. Curriculum and educational Evaluation. The result of the examination held in the month of April, 2004 was declared. The petitioner was shown as absent in so far as first language paper was concerned and was declared 'pass' in the other paper viz. Curriculum and Educational evaluation. The next examination was scheduled in the month of October, 2004. The petitioner was not permitted to appear for the postal D. Ed, examination in one subject viz. first language held in the month of October, 2004 and that compelled her to approach this court by filing the present writ petition.

(3.) The Division Bench by order dated 14th September, 2004 issued notice to the respondents and by way of ad-interim order directed the respondents to allow the petitioner to fill up the examination form for the postal D. Ed, examination scheduled in october, 2004. As a result of the ad-interim order, the petitioner appeared in the first language paper of the first year examination of postal D. Ed, course held in the month of october, 2004.