ANUSUYA TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) NON -publication of the petitioners result in Special Certified Teachers Examination, 1991 conducted by the Board of Secondary Education, Orissa, Cuttack is her grievance in this writ application. She has prayed for issue of direction to the Board of Secondary Education, Orissa, Cuttack to publish her result.

(2.) ADMITTEDLY the petitioner had appeared at the Special Certified Teachers Examination held in the year 1991. Unfortunately her result was not published by the Board of Secondary Education on the ground that her admission to the Institution where she claimed to have completed her training course was in violation of the stipulations made under Article 412 of the Orissa Education Code read with Notification No.167 -VIE -CP/15 -85 -EYS dated 29.4.1985 issued by the Government of Orissa in the Education and Youth Services Department which imposed restriction on admission of a student to the training course below a particular age.

(3.) AFTER receiving Rule of this Court, a counter -affidavit has been filed by Board of Secondary Education, Orissa, Cuttack, opposite party No.3. In para -4 thereof it is averred that though Maa Mangala Secondary School at Kakatpur was an unrecognized Secondary Training School, Government by virtue of a G.O. dated 11.5.1990 allowed the students of the said Institution along with the students of other Institutions similarly placed to appear at a Special C.T. Examination in the year 1991 once for all stipulating a condition that the Director, Secondary Education, opposite party No.2, would furnish a list of eligible students to it (opposite party No.3). In para -5 it has been further averred that such a list furnished by the Director of Secondary Education did not contain the name of the petitioner though the Headmaster of the petitioners school had furnished the forms filled in by the petitioner for the Examination in question. It has further been averred in the counter -affidavit that since there was mad rush and shortage of time to scrutinize the application forms submitted by several such category of unrecognized C.T. Schools, the petitioner was allowed to sit in the Examination. Subsequently on verification it was revealed that the petitioners name was not there in the list of eligible students furnished by the Director of Secondary Education. Hence the petitioner being not a genuine student, her result was not published.