ASHISH Vs. MAHARASHTRA SECONDARY AND HIGHER SECONDARYEDUCATIONAL BOARD

JUDGEMENT

(1.) Petitioner Ashish Sharma, a lad aged 16 years, prosecuted his studies of 10th Standard in St. Francis DeSales High School, Sadar, Nagpur, of which second respondent is Head Master. He joined that class on 9th August, 1984 with a view to appear for the 10th Standard Examination to be conducted at the end of academic session 1984-85 consisting of two terms. Total working days for the first term came to 87 and that of second term to 79. He attended the school for 47 days and 70 days respectively. Percentage of attendance in the first term comes to 54.02 and that for the second term comes to 96.2. Some time in November 1984, he paid the examination fees to enable him to appear at the March/April, 1985 Secondary School Certificate Examination to be held by the Higher Secondary Education Board, respondent No. 1. The Board entered the name of the petitioner in the list of candidates registered for examination and allotted to him Roll No. J 077112. On the basis of the entries in the register, Admission Cards are usually prepared and sent to the Heads of the respective institutions even before the term is over. One such card was sent even for the petitioner to the second respondent who did not hand over the same to the petitioner and communicated on 1st March, 1985 to the petitioners father that the petitioner will not be allowed to appear for the examination because of shortage of attendance in the first term below 60%. Petitioners father contacted respondent No. 2 who showed his helplessness in the matter. Communication was also addressed to the Chairman of the first respondent to condone the deficit in the attendance. The Divisional Chairman also expressed his helplessness in the matter as it was beyond his powers. The action of the respondents not permitting the petitioner to appear at the examination is challenged in this petition.

(2.) That percentage of attendance of the petitioner was below 60% in the first term is an undisputed position. It is also not disputed before us that the percentage has to be counted term-wise and the percentages in the two terms cannot be clubbed. It is fairly not disputed before us that even respondent No. 1 does not have the power of condonation of attendance below 60%. What is seriously canvassed before us is that having despatched an admission card to respondent No. 2 for being handed over to the petitioner, respondent No. 1 had no power to cancel the candidates admission to the examination in view of Rule 44(1) of the Maharashtra Secondary and Higher Secondary Education Boards Regulations, 1977 framed under the Maharashtra Secondary and Higher Secondary Education Boards Act, 1965, except on recommendation of the Standing Committee which, in the present case, does not exist. The relevant rule read thus :

(3.) It is contended on behalf of the petitioner that as Rule 44(1) refers not merely the contingency of actual appearance at the examination but also "the inclusion of the name of the candidate in the list of candidates registered for the examination", the terminology "candidates admission to the examination" must be so construed as to include both. Having regard to the general scheme and purpose of the Regulations, it is difficult to hold that mere inclusion of the name in the list of candidates registered for the examination and despatch of admission card to the head of the school attracts Rule 44. It cannot be disputed that there is good reason for preparing the list of the candidates and to allot the roll numbers quite in advance and even before the last date prescribed for attendance, Cards are despatched on the basis of certain presumptions and if they are found to be incorrect, the Board can prevent a student from appearing at the examination any time before it actually starts. There must exist such a power. To hold otherwise would lead to anomalous results. Even if a candidate does not attend the school afterwards and falls short of the minimum percentage in attendance, the Board would be helpless in the matter.