TANU Vs. CHANDIGARH ADMINISTRATION, CHANDIGARH

JUDGEMENT

(1.) Petitioner Tanu who is minor through her father Shri Inder Raj Singh seeks a writ in the nature of Certiorari so as to quash the result of the petitioner contained in Result-cum-Detail Marks Card dated 23.4.1992 Annexure P-1 in so far as it pertains to the subject English against serial No. 6 of the Details of Marks as also for writ in the nature of mandamus directing the respondents to place the petitioner under compartment in English Paper and allow her to reappear in the said subject and at the same time allow her to be admitted provisionally in IXth class so that her academic year is not lost.

(2.) The brief facts as have been culled out from the pleadings of the parties as also documents annexed therewith reveal that the petitioner took her Middle Standard Examination in Session Feb., 1992. She was issued roll No. 8756 by the Education Department of Chandigarh Administration for appearing in the said Middle Standard Examination in session of Feb. 1992. She appeared in all the subjects except that of English (written) which was held on 19.2.1992. The reason as has been stated in the petition for non- appearing in the aforesaid examination is sudden illness i.e. high temperature. As referred to above, she did appear in all the other papers and from the result, it is manifest that she passed in all the subjects in which she appeared and obviously secured no marks in the paper in which she absented. Inasmuch as the subject in which she did not appear was a compulsory subject, she was declared fail. A copy of the result card dated 23.4.1992 has been placed on the records of this case. The case of the petitioner is that it was promptly brought to the notice of the Registrar, Department of Examination and Director Public Instruction Chandigarh Administration that the petitioner had all of a sudden fallen on 19.2.1992. The aforesaid matter was brought to the notice of respondent No. 2 vide representation dated 11.3.1902 which was filed by the father of the petitioner wherein a request was also made that the petitioner be re-examined in English paper as a special case or on the basis of her performance in other papers and be promoted to Class IX after taking test in English by the Principal, Central Model School, Chandigarh. A medical certificate is also stated to have been annexed with the aforesaid representation. In spite of the fact that representation was filed nothing was informed to the petitioner in respect of any orders that might have been passed. The petitioner through her father, as referred to above, thereafter filed the present petition in this Court seeking the relief as has been fully detailed above.

(3.) The main point that has been pleaded as also canvassed by the learned counsel appearing for the petitioner is that there are no statutory Rules and Regulations framed by the Education Department of Chandigarh Administration for conducting Middle Standard Examination and as per the prevailing practice till date, the respondents had been holding the said examination twice in a year i.e. in Feb. and June and also that the candidates had been placed in compartment in the subjects in which they have been failing. For the aforestated contention, reliance has been placed upon the Result-cum-Detailed Marks Card Annexure P-1 in which it has been mentioned that the examination is held twice in the months of Feb. and June. However, it is also pleaded that on making enquiries by the father of the petitioner, it has now been revealed that after securing admission forms of the candidates and after depositing the admission fee and even appearing in the examination, the Education Department of Chandigarh Administration has done away with the long followed practice of holding the examination in June and in the manner aforesaid, the candidates have not been placed in compartment in the subject they failed.