MAHAK SHARMA Vs. BOARD OF SECONDARY EDUCATION, BHOPAL

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India has been filed against the decision dated 14-11-2018, passed by Divisional Officer, Board of Secondary Education, Madhya Pradesh, Gwalior by which the admission form of the petitioner has been rejected and she has been found to be ineligible for appearing in 12th Class Examination for the academic session 2018-2019.

(2.) This Court by order dated 30/01/2019 had requested the counsel for the Board of Secondary Education to seek instructions in the matter.

(3.) It is submitted by the counsel for the Board of Secondary Education that in fact, the petitioner is not eligible to appear in 12th Class Examination in the light of Clause 2.1 of the guidelines dated 12th June, 2018 issued for private students. It is further submitted that the petitioner had earlier appeared as a regular student of Class 10th in the year 2017, however, by result dated 10th Aug., 2017, she was declared fail. Thereafter, she appeared as private student in Class 10th examination conducted by Madhya Pradesh State Open School Education Board, Bhopal and was declared pass in 3rd Division. The Madhya Pradesh State Open School Education Board, Bhopal has conducted the examination in the month of December, 2017. Thus, it is clear that the petitioner had cleared her Class 10th Examination at least in the month of Dec., 2017. As per the guidelines issued for admission of students for the academic session 2018-2019, it is specifically mentioned that for appearing in Higher Secondary School Examination,the candidate must have passed his Class 10th Examination by March 2017 or prior to that. Since in the present case, the petitioner had passed her Class 10th Examination in the month of Dec., 2017, therefore,she is not eligible for her admission in Class 12th Examination.