PRATUSHA Vs. BOARD OF SECONDARY EDUCATION ORISSA CUTTACK

JUDGEMENT

(1.) The O.J.C. No. 882 of 1998 and O.J.C. No. 2286 of 1998 are taken up together for disposal as the questions raised in both the petitions are common.

(2.) The facts giving rise to the aforementioned two cases can be briefly stated as follows :-The petitioners of both the writ petitions were prosecuting their study in an English medium school, i.e., St. Joseph Girls' High School, Cuttack. While reading in Std. VIII they took school leaving certificates and left the school to prosecute their study in vernacular as the medium of education. Both the petitioners applied for admission into correspondence course conducted under the Board of Secondary Education, Orissa (In short, the 'Board') for preparing themselves to appear in the Annual High School Certificate Examination of 1998. The petitioner in O.J.C. No. 882 of 1998 coming to know from the brochure that unless a candidate completes 14 years of age by the 31st day of July, 1997 he/she will not be allowed admission, made a representation to the opposite party No. 2 to relax the age stating therein that no such age restriction is stipulated for other category of candidates, and such a restriction was not there is respect of external candidates, but she was also not informed about the result of her representation. Subsequently, coming to know about the last date for filling up forms for the examination she enquired from the office of the opposite party No. 2 about the same and was supplied with the format for admission to the said examination on her depositing the prescribed fees and she submitted the said application in the office of the opposite party No. 2 with prescribed fees. The petitioner in O.J.C. No. 2286 of 1998 also applied for admission into correspondence course and she was allotted with enrolment number and was also supplied with the necessary format on her depositing the prescribed fees. She also filed a petition for admission into the said examination on depositing the necessary fees and waited for further intimation from the concerned authority. But to their dismay, the petitioners of both the writ applications received intimation respectively under Annexure-5 and Annexure-6 of their petitions that their applications for admission into correspondence course have been rejected on the ground that they are below 14 years of age by the 31st day of July, 1997 as laid down in Col. No. 5(II) of the instruction brochure Annexure 2 to O.J.C. No. 882 of 1998. Being aggrieved by the aforesaid order of rejection both the petitioners have approached this Court to declare the Col. No. 5(II) of the brochure as illegal and invalid and also to quash Annexure 5 and Annexure 6 to O.J.C. No. 882 of 1998 and O.J.C. No. 2286 of 1998 respectively.

(3.) According to the Board, as laid down in the instruction brochure for admission into correspondence course, no one can be admitted into said course unless he/she is above 14 years of age as on 31st day of July, 1997. The decision of the Board refusing admission to any candidate is final and binding on the candidates and they cannot challenge its correctness. It is further submitted that the restriction has been imposed to improve the standard of education. The petitioners on the other hand challenged the aforesaid order and stipulation of the brochure contending that the order passed by the Boards authority in refusing admission to the petitioners is illegal and without any legal sanction behind the same. It is also submitted that there is no nexus between the restriction imposed and the object sought to achieve.