KU DIVYA TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Invoking the extra ordinary jurisdiction of this Court the petitioner has prayed to call for the record from the cutody of respondent No. 2 and upon perusal of the same to command the respondents to declare her as a successful candidate in the Secondary School Examination and further to direct them to issue fresh mark sheet declaring her to have passed in the examination. Quite apart from the above prayer is also made for imposing cost on respondent Nos. 2 and 3 for commission of serious irregularity.

(2.) The facts as have been uncurtained are that the petitioner appeared in the All India Secondary School Examination, 1997 conducted by Central Board of Secondary Education. In the aforesaid examination she failed in the subject of Mathematics. It has been averred that respondent No. 1 had started many beneficial schemes for providing better educational facilities to such students who are unable to continue their studies regularly. As a result of the said scheme National Open School at New Delhi has been opened. The students of Central Board of Secondary Examination who could not pass the examination are eligible to undergo the examination conducted by respondent No. 2. It has been set forth that as per the prospectus the pass marks obtained in other subjects will be transferred to the examination conducted by the respondent No. 2. A portion of the scheme has been quoted to substantiate the aforesaid plea.

(3.) It has been put forth in the return that as the petitioner did not appear in three subjects she is not entitled to be declared to have passed as she could have been given credit in respect of two subjects in which she had obtained pass marks in the earlier examination. While disputing the claim of the petitioner the respondent No. 2 has also placed reliance on a clause in the scheme which stipulates that in case of a dispute arising out of the application of the provisions it shall be subject to the jurisdiction of the Courts at Delhi and, therefore, this Court has no jurisdiction to decide the controversy.