SANDEEP SINGH Vs. HARYANA SCHOOL EDUCATION BOARD

JUDGEMENT

(1.) IN the present writ petition the challenge is to order dated 7.2.1997 (Annexure P -5) passed by respondent No. 2 whereby the admission of petitioner to appear in the Matriculation examination in March, 1997, was rejected.

(2.) ACCORDING to the petitioner, he passed his 8th Standard examination from D.A.V. Public School, Cheeka (Kaithal) under Roll No. 4897 during Session 1993 -94 which was affiliated with C.B.S.E. New Delhi. Thereafter, he appeared in All India Secondary School Examination 1996 but failed in the examination. He was given the migration certificate on 7.5.1996. The petitioner further submitted that he applied for admission for appearing in the Matriculation Examination to be held by Haryana School Education Board, Bhiwani in March, 1997, within time and deposited Rs. 165/ - as fee for the said examination which was accepted at Sub Centre, Kurukshetra of the Haryana School Education Board, Bhiwani on 27.9.1996 and a receipt was also issued in token of having received the admission form of matriculation and the fee. The petitioner further submitted that on 7.2.1997, his admission form had been cancelled in an arbitrary manner on the plea that he has not passed the 8th class from Haryana School Education Board. Notice of motion was issued and the respondents were directed to issue roll number to the petitioner, enabling him to take the examination provisionally subject to final decision of the writ petition. On appearance, written statement has been filed by the Deputy Secretary (Legal), Board of School Education, Haryana and the main thrust is on Regulation 8 of the examination regulations which has been reproduced in the written statement as under : -

(3.) SINCE as per Regulation 8 as reproduced above, the petitioner was not eligible to take the examination as a private candidate, this writ petition fails and is hereby dismissed. However, there will be no order as to costs.