PRIYA SHUKLA Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) Petitioners seek direction to Respondent Board of Secondary Education to permit them to participate in 12th Class Examination 2015 -2016. That the interim relief which was sought to participate in the main examination was turned down on 29.02.2016 taking into consideration that the examination were to commence from 1st March, 2016, and there was no time left for the respondents to have made immediate arrangements for permitting the petitioner to participate in said examination. However, the claim to appear in the examination is still alive because as informed by learned counsel for the parties that a supplementary examination are to commence from 5th July, 2016, and for that application are invited and the last date being 15th June, 2016. Therefore, the matter is instantly taken up.

(2.) Claim of the petitioners to appear in the 12th Class Examination was turned down vide communication dated 24.12.2015 as the gap between class 10 th and 11th was found to be more than 1 year. Further, as borne out from the respective pleadings that, though such candidates cannot be allowed to appear as regular students but they can be permitted to appear as private students by converting them from regular to private.

(3.) Contention on behalf of the petitioner is that, immediately after the rejection of the candidature of the petitioners to appear as a regular candidate a letter was addressed on 10.01.2016 by Principal Gurukul Girls Higher Secondary School Sirmor, District Sidhi, to permit the petitioners to participate in the examination as private candidate. It is contended that thereafter another communication was made on 16.01.2016 which was duly received in the office of Respondent Board. However, no action thereon was taken. Thereafter the petitioners individually filled the form online on 25.01.2016 but the petitioners were not allowed to appear even as a private candidate.