ABHISHEK RAWAT Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) PETITIONERS in all these four cases are students, who had appeared in class 10th [all India Senior Secondary School Examination-2005 (AISSE-05)] Examination conducted by the Central Board of Secondary Education in March, 2005 as regular students from respondent No. 3 Institute, feeling aggrieved by action of the Board of Secondary Education in not declaring their results they have filed the instant petitions. Relief claimed in all these petitions are that the Central Board of Secondary Education be directed to declare the result of the petitioners.

(2.) THE facts in brief relevant for deciding the question involved in these petitions are that all the four petitioners were student of St. Paul's School, Morar, Gwalior. They were studying in the class IX in the said school during the academic session 2003-04. They appeared in the IX class examination conducted by the said school, results of which was declared in March, 2004 by the said school, all the petitioners were declared as failed in the IX class examination as per annual report Annexure P-1 filed in each of the case. As the petitioners were declared failed by the said school, they took admission in the X class in the respondent No. 3 Institute. The case of the petitioners are that they had obtained transfer certificate from St. Paul's School, Morar and thereafter they were admitted in the X class in the respondent No. 3 school. They were permitted to appear in supplementary examination for class IX conducted by the said school. They were declared passed in the supplementary examination. Thereafter, their application forms requisite mark sheet of the supplementary examination and other particulars were forwarded by the respondent No. 3 Institute to the Regional Office of the Central Board of Secondary Education at Ajmer. The Board accepted their forms permitted them to participate in the examination, but has withheld the results. Inter alia contending that the petitioners were qualified to appear in the All India Senior Secondary School Examination, 2005, they were issued admission cards, they had appeared in the examination and their results have been withheld illegally. Petitioners want interference by this Court in the matter.

(3.) SHRI V. K. Bhardwaj, learned Counsel for the petitioners taking me through the various correspondence made between the Central Board of Secondary Education, Regional Office, Ajmer as contained in Annexure P-4 and the institute in question argued that petitioners were permitted to appear in the examination after the Board was satisfied that they were regular students of Class X after being declared successful in the supplementary examination can not now withhold their results and refuse to declare the petitioners' results. Taking me through the mark-sheet issued by the earlier school namely St. Paul's School, Morar where the petitioners had studied in the class IX, Shri Bhardwaj argued that infect as per rules, all the petitioners had passed class IX examination and authorities of St. Paul's School have illegally and incorrectly declared them as failed. Accordingly, inviting my attention to the various judgments, Shri Bhardwaj argued that action of the respondents in refusing to declare the results of the petitioners as illegal and Shri Bhardwaj submitted that once the documents pertaining to the petitioners having qualified in the Class IX examination was accepted by the Board and the Board after scrutiny of the applications had permitted the petitioners to appear in the examination, the Board can not go back and contended that petitioners are not eligible to appear in the examination. The judgment relied upon by Shri Bhardwaj are Ashok Chand Singhvi v. University of Jodhpur and Ors. ,, AIR1989 SC 823 , JT1989 (1 )SC 177 , 1989 (1 )SCALE166 , (1989 )1 SCC399 , [1989 ]1 SCR230 , 1989 (1 )UJ322 (SC ), Biswanath Ghosh v. State of West Bengal and Ors. ,, AIR1987 SC 1155 , (1987 )1 CALLT13 (SC ), 1987 Crilj1052 , JT1987 (1 )SC 555 , 1987 (1 )SCALE435 , (1987 )2 SCC55 , [1987 ]2 SCR305 , Rajendra Prasad Mathur v. Kamataka University and Anr. , AIR1986 SC 1448 , 1986 (1 )SCALE981 , 1986 Supp (1 )SCC740 , [1986 ]2 SCR912 , 1986 (2 )UJ639 (SC ) and judgment of this Court in the case of Dhananjay Tiwari v. Guru Ghasiram Vishwavidhyalaya and Ors. (1991 MPJR SN 2 ).