SUBHAKANTA SWAIN Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) THE petitioner, a minor, through his father guardian has approached the portals of this Court being aggrieved by the unilateral action of the Board of Secondary Education, Otissa (in short 'the Board'), cancelling his candidature for appearing at the Animal H. S. C. Examination, 2001.

(2.) BEREFT of all unnecessary details, the relevant facts of the case are : The petitioner after taking admission at R. D. HighSchool, Kandhanayagarh in the district of Nayagarh(opp. party No. 4's school) prosecuted his studies upto Class Xand thereafter filled up the forms for appearing at theAnnual H. S. C. Examination, 2000 conducted by the Board.The Board authorities after scrutinising the application andon being satisfied that the petitioner has complied withall paraphernalias and has attended requisite numberof classes, permitted him to appear at the Annual H.S.C.Examination, 2000. Unfortunately, however, the petitionertailed in the said Examination. The guardian of the petitionerthought it just and prudent to readmit the petitioner in Class Xso as to enable him to appear at the H.S.C. Examination, 2001.He applied for re admission at R. D. High School, where he wascontinuing his studies. The Headmaster, however, expressedhis inability to readmit the petitioner due to certain internalproblem of the school. Thereafter, the petitioner filed an applica tion bcfbte the Bhramarbara Vidyapitha (opp. party No, 3'sSchool) seeking admission'in Class X. The Headmaster of thesaid institution sought permission from the concerned Inspectorof Schools, Khurda Circle, who by his order dated 1 7 2000permitted the petitioner to take admission at BhramarbaraVidyapitha, Tamando subject to verification of genuineness of the Transfer Certificate issued by the R. D. High School. Thereafter, the Headmastet of opp. party No. 3's school permitted the petitioner to take admission in Class X, The petitioner prosecuted his studies in the said school and after completion of the academic Session and after being sent up in the Test Examination to appear at the Annual Examination, filled up forms for appearing at the Annual H.S.C. Examination 2001. While the matter stood thus, the petitioner received the impugned order Annexure 6 intimating that in accordance with the instructions issued by the Board, his candidature for Annual H.S.C. Examina tion, 2001 has been cancelled. The order of the Board cancelling the candidature of the petitioner for the Annual H.S.C. Examination, 2001 is impugned in this writ application.

(3.) AFTER receiving notice, the Board has entered appearance and filed a preliminary counter affidavit repudiating the allegations made in the writ application mainly on two grounds: