LAWS(ORI)-2003-8-23

NAMITA SWAIN Vs. BOARD OF SECONDARY EDUCATION

Decided On August 28, 2003
Namita Swain Appellant
V/S
BOARD OF SECONDARY EDUCATION Respondents

JUDGEMENT

(1.) HEARD Sri S. N. Sahoo, learned counsel for the petitioner, and Sri S. K. Nayak -1, learned counsellor the opposite party -Board of Secondary Education, Orissa.

(2.) THE petitioner has approached this Court with the following prayers.

(3.) IT is the case of the petitioner that since she secured 288marks as aggregate, under Regulation 15(F) of the Chapter -X of the Board's Regulation, she was entitled to take the compartmental examination for three consecutive chances. But the Board Authorities are not permitting her to take such examination. The opposite party -Board in para -8 of their counter have taken a stand that while introducing new courses for the academic session 1999 -2000, it was decided that students who were prosecuting studies in C.T. examination would appear in the year 2001 for the first time in the new course. But, the candidates/students who failed in the C.T. Examination appearing from unrecognized training institution will avail the C.T. Examination only up to 2002 and not beyond that. The decisions of the Board on the basis of the recommendation of the Education Committee are annexed as Annexure -A/1 and Annexure -B/1 to the counter affidavit. It is fairly admitted in Para -9 that under Regulation 15(F) of Chapter -X -D, a candidate qualifying for compartmental examination can take such examination in two consecutive chances following the one in which he/she had failed. But since the course in which the petitioner took the examination is no more available, after 2002, such facility could not be allowed.