BOARD OF SECONDARY EDUCATION, ORISSA Vs. MANAGING COMMITTEE, HEMACHANDRA SIMANTA SANSKRIT BIDYAPITHA, DIST-BALASORE

JUDGEMENT

(1.) Since these appeals, which arise out of different writ applications involve similar question of law, they were taken up together for analogous hearing and are being disposed of by this common judgment.

(2.) These appeals have been filed by the Board of Secondary Education, Orissa, Cuttack questioning the correctness of the order dated 19.1.2011 passed by the learned Single Judge in W.P.(C) No.2983 of 2010 and other connected similar writ petitions whereby the learned Single Judge has allowed the same and directed the appellant herein to declare the results of the students of the respondent-institutions, who appeared in the Madhyama Examination, 2010 pursuant to the interim order passed by the learned Single Judge in the writ petitions.

(3.) The aforesaid direction of the learned Single Judge is under challenge by the appellant-Board of Secondary Education, Orissa urging various legal contentions, namely, the students who have been admitted in the respondent-institutions are neither regular candidates nor ex-regular candidates or quasi-regular candidates or private candidates under the "Regulations of Prathama and Madhyama Examination, 2003 and onwards". Further strong reliance has been placed upon Regulation 12(a) thereof, which provides for Compartmental candidates that a candidate who fails in examination for not having secured the required pass mark in one or more subjects but who secures 300 marks or more in the aggregate will have the option to clear his deficiency by appearing at the examination to a maximum of three consecutive examinations immediately following the one in which he/she failed.