V SARMISTA Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) IN this writ petition, the petitioners have assailed the regulation regarding admission to One -year Correspondence Course or the High School Certificate Examination, 2000 framed by the Board of Secondary Education (hereinafter referred to 'as 'the Board') so far as it stipulates a minimum period of two years gap for a student passing Class -VII and one year gap for a student passing Class -VIII to make him eligible to take admission to the said course. According to the petitioners, the above regulation is in clear violation of the provisions of the Orissa Secondary Education Act, 1952 as well as Article 14 of the Constitution of India. They have, therefore, prayed to quash the same.

(2.) SECTION 11 of the Orissa Secondary Education Act, 1952 empowers the Board, inter alia, to admit candidates to its examinations in accordance with regulations. Section 21 of the said Act enables the Board to frame regulation for giving effect to the provisions of the Act, which includes the power to lay down conditions under which candidates are to be admitted to the examinations of the Board. The relevant provisions are quoted below :

(3.) ON 26.4.1999, the Correspondence Course Committee of the Board held a meeting to decide, inter alia, the eligibility of students for admission to Correspondence Course. In the said meeting, it was resolved that for admission to Correspondence Course, a student must have passed Class -VII and there must be a gap of two years after passing Class -VII and one year after passing Class -VIII at the time of admission to such course. Thereafter the Board published the brochure for admission to One -year Correspondence Course for the High School Certificate Examination, 2000. Para -5(ka) thereof provides that to become eligible to take admission to the aforesaid course, a candidate must have passed Class -VII from a recognised institution in the State of Orissa, and there must be a gap of two years after passing Class -VII or one year after passing Class -VIII. Para -5(kha) provides that students passing from any recognised institution outside the State are also eligible to take admission to the course provided their transfer certificates are countersigned by the respective Circle/District Inspectors of Schools.