AJAY SINGH Vs. MADHYAMIK SHIKSHA MANDAL M P

JUDGEMENT

(1.) The petitioner who is in his teens has been compelled to knock at the doors of justice by invoking extra-ordinary jurisdiction of this Court under Arts. 226 and 227 of the Constitution of India for issue of writ of certiorari for quashment of order dated 6-1-2001 contained in Annexure P-6 and to further issue a writ of mandamus commanding the respondents to permit him to appear in the Higher Secondary School Certificate Examination, 2001 as a regular student.

(2.) The facts as have been unfolded in the petition are that the petitioner appeared in the High School Certificate Examination in the year 1998 conducted by the Board of Secondary Education (hereinafter referred to as 'the Board') as a result student of Government Higher Secondary School Ganesh Ganj Ranjhi, Jabalpur and passed the same in second division. Thereafter, he took admission in St. Marys' Higher Secondary School, Vehicle Factory Jabalpur, Estate, Jabalpur and studied as a regular student in the academic session 1998-99 and passed XIth Standard Examination from the said school. A copy of the report card in that regard has been brought on record as Annexure-P-2. As averred in the writ petition due to poverty and ill health he could not continue his studies for the academic session 1999-2000, and thereafter, took admission in Laxmi Narayan Yadav Higher Secondary School, respondent No. 3 herein, in the academic session 2000-2001 and attended the classes. While prosecuting his studies he submitted an application form for appearing in the Higher Secondary School Certificate Examiation conducted by the Board as a regular student from the respondent No. 3 school. While the matter stood thus, in the month of January, 2001 he came to learn that the candidates of Higher Secondary Examination who had discontinued in the education in the previous academic session would be debarred from appearing in the Higher Secodary. Examination, 2001 as regular student. Coming to know about such a fact situation he submitted a representation to the Board through proper channel. The copy of said representation dated 23-1-2001 has been brought on record as Annexure-P-4. On 24-1-2001 the father of the petitioner was informed by the school vide letter dated 24-1-2001. Annexure-P-5, that the application of the petitioner for appearing in the Higher Secondary Examination, 2001 has been rejected by the Board. Thereafter, the petitioner received a memorandum on 2-2-2001 issued by resondent No. 2 informing the petitioner that his application for appearing in Higher Secondary Examination has been rejected for the reason of discontinuance of education in the year 1999-2000. It is relevant to state here that the order passed by the Board rejecting the candidature of the petitioner to the school by letter dated 6-1-2001 has been brought on record as Annexure-P-6, though in paragraph 5.6 of the writ petition there has been erroneous description of the same. It is averred in the writ petition that the petitioner has been allotted a Roll Number for undertaking the final examination in the year 2001 but unfortunately his candidature has been cancelled without any basis and without affording an opportunity of being heard. With the aforesaid averments prayer has been made as has been indicated hereinabove.

(3.) A counter affidavit has been filed by the Board contending, inter alia, that the Board had issued executive instructions from time to time to ensure smooth functioning of the examinations and to see that the statutory rules are followed in letter and spirit. It is putforth that since increasing number of complaints were received by the Board in relation to the fact that number of irregularities were being committed by the schools in order to enhance the ranks of the regular students, the Board took a decision that there should be no gap between XIth and XIIth Classes or IXth and Xth Classes as the Board conducts the said examinations. It has also been urged that the students as well as the principal have taken recourse to filing of affidavits to avoid this kind of occurrence. The Board issued executive instructions on 26-4-2001 fixing the eligibility criteria for students appearing in class 10th and 12th and also as private and correspondence students. It has been highlighted that on a scrutiny of instructions it would be crystal clear that the petitioner was ineligibile to appear as regular student but this fact was not taken into consideration when the principal of the respondent No. 3 school gave the admission to the petitioner as a regular student in Class XIIth and also allowed him to fill up the examination form. It has also been putforth that respondent No. 3 failed in her duty by not advising the petitioner correctly. It has also been putforth that number of students have been admitted through misinformation, lethargy, misrepresentation, connivance of the principals of various schools and they have been debarred to appear in the examination. It is the stand of the Board that the fault lies squarely with the principal of the concerned school who had not read, understood, evaluated the instructiions from time to time and if that would have been done such a situation would not have come in to existence. It has also been urged in the return that the practical examinations of Classes Xth and XIIth have already been conducted.