SRADHANJALI JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE writ petitioners are the students of B. C. High School, who had filed up their forms for appearing at the High School Certificate Examination, 2003, conducted by the Board of Secondary Education, Orissa. The rejection of their application to sit for the examination by letter dated 15.3.2003 of the Board (Annexure 1) has brought them before this Court.

(2.) THE brief fact of the petitioners' case is that they were the students of Class IX in P. N. Sanskrit Bidyalaya, Bemunda in the district of Balasore, but since the school was closed, the Government, having not extended recognition, they obtained Transfer Certificates and others those were duly countersigned by the Inspector of Schools, they applied for admission to B.C. High School in Class X. But because of some doubts raised by the Headmaster and on the request of Headmaster, P. N. Sanskrit Bidyalaya the Inspector of Schools in his letter dated 29.7.2002 (Annexure 3) advised theHeadmaster, B.C. High School to admit such students on productionof T.C. duly counter signed and availability of seats. On receiptof the letter of the Inspector of Schools, the petitioners were admittedto Class X of the said School and prosecuted their studies, whereafterthey filled up the application forms, which were recommended tothe Board of Secondary Education (hereinafter called 'the Board')for allowing them to take the H.S.C. Examination, 2003. The petitionerswere allotted roll numbers in the said examination but by letterdated 15.3.2003, their applications have been illegally rejectedon the ground that they were not eligible under Chapter X of theBoards' Regulation to sit for the H.S.C. Examination. Hence, thewrit petition.

(3.) IN course of hearing, by order dated 20.8.2003, we directed the learned counsel for the Board to inform the Court as to whether the petitioners would not be considered as private candidates in terms of Regulation 6(a) of Chapter X of Boards' Regulation on the next date of hearing. The learned counsel Sri S. Das submitted on 25.8.2003 that the petitioners cannot be treated as private candidates since there is no provision in the Boards' Regulation for private appearance and therefore we directed the President of the Board to file an affidavit indicating therein, as to whether, the private H.S.C. Examination is still in vague and the relevant provisions. Pursuant to such direction, the president of the Board vide Notification dated 19.1.1984 published in Orissa Gazette dated 28.1.1984 has brought out an amendment in Chapter X of the regulation in the following manner : 'In Section III after Regulation 34 A, the following new Regulation shall be inserted namely;