DEBOPRIYA GANGULY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) All these three matters are taken up together for hearing, as in the first mentioned writ petition, vires of the Regulation 2(xxviii) and 9(xxv)(c) of the West Bengal Council of Higher Secondary Eduction (Examination) regulations, 1999 (hereinafter referred to as he said Regulation), has been challenged, contending that the same are ultra vires Article 14 and Article 41 of the Constitution of India, and, therefore, has prayed for striking down of the same. It is incidentally recorded that all the petitioners in the aforesaid matters have failed to qualify themselves of passing the respective test examinations, held by their respective institutions. As such, they were not sent up for appearing in the Higher Secondary Examination by their respective schools, because they are prohibited from doing so by the Clause 9(xxv)(c) read with Clause 2(xxviii) of the said Regulation. I think, it would be apposite to set out the aforesaid two Clauses of the said Regulation. "Clause 2(xxviii): - "Test" means such qualifying examination as is required to be held by an institution at the end of instruction of Class XII which a student is to pass to qualify in order sit for the examination." Clause 9(xxv): - In order to be eligible to appear as a regular candidate in the examination a student is required to fulfill the following conditions, namely: (a) In order to be eligible to appear as a regular candidate in the examination, he/she is required to prosecute regular study of the Higher Secondary Course of two years duration in a recognized Higher Secondary Institution with recorded class attendance not less than 70% of the total classes held in Class XI and XII taken together.

(2.) Provided that the Council may condone the deficiency in attendance not exceeding 20% on consideration of illness or other sufficient reasons to the satisfaction of the Council subject to payment of such condonation fee as may be prescribed:

(3.) Provided further that a student, whose attendance falls below 50%, shall not be eligible under any circumstances to appear at the examination in that year and shall have to continue in Class XII and attend classes till he/she obtains minimum percentage of attendance required for being sent up for the examination in the following year: