PRAKASH CHANDRA KUANR Vs. SECRETARY BOARD OF SECONDARY

JUDGEMENT

(1.) The petitioner in this application under Article 226 of the Constitution of India seeks to assail the notification dated 22 -7 -1995 cancelling his result of the Annual High School Certificate Examination, 1995 at Annexure -3 and letter dated 24 -7 -1995 cancelling his marks at Annexure -4.

(2.) PETITIONER 's case is that after passing 7th class examination in the year 1992, he took admission in Class VIII (Madhyama First Year) in Sri Raghunath Jew Bidya Niketan, Charbatia and prosecuted his studies up to Class X(Madhyama 3rd year) when he obtained his school leaving certificate. Thereafter he took admission in Class X in G. C. High School. Anuri and continued his studies. After completing his 10th class course in the said High School, he applied to sit in the Annual High School Certificate Examination, 1995. The Board of Secondary Education on being satisfied that his application was in order permitted him to take the examination and issued admit card bearing Roll Number 27 AB 062 (Annexure -2). He appeared in the examination and was expecting to get 60 per cent marks in all the papers. When the result was published on 1 -7 -1995, he found that it was withheld 'for other reasons'. Later, he was informed by the impugned notification at Anrexure -3 that his result had been cancelled. The Headmaster of G. C. High School. Aunri was also informed by Annexure -4 about the cancellation of the marks of the petitioner.

(3.) LEARNED counsel for the petitioner contended that the impugned notification cancelling the result is vitiated for violation of the principle of natural justice. It was also contended that the petitioner in his application form furnished all material facts and the Board of Secondary Education having accepted it to be in order, permitted trim to sit in the examination. Having allowed him to sit in the. examination, the Board of Secondary Education should not have cancelled the result. Learned counsel for the Board of Secondary Education on the other hand submitted that the classes in Sanskrit Toll where the petitioner was earlier reading were not equivalent to the corresponding classes in a recognised High School and as such, the petitioner could not have bean admitted in Class X of G. C. High School, Aunri. His admission to Class X in the said High School being irregular, his application to take the High School Certificate Examination was not legally entertainable.