AMIT CHAUHAN Vs. HARYANA SCHOOL EDUCATION BOARD

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India is for quashment of order dated February 5, 2002, passed by respondent Nos. 1 and 2. vide which the petitioners were restrained from appearing in the Matriculation Examination of the Harayana School Education Board. Bhiwani (for short 'the Board') to be held in March 2002, by withholding their roll number slips on the ground of non-availability of their enrolment numbers. A prayer has also been made for allowing them to appearing in the Matriculation Examination of the Board.

(2.) Initially 45 petitioner had filed this petition. However, later on petitioner Nos. 1, 3 to 17, 19, 21, 22, 24 to 26, 28, 29, 33, 34, 38 to 40 and 44 were permitted to withdraw the writ petition vide order dated August 27, 2002 passed by Hon'ble Mr. Justice N.K. Sud. Now the petition remains on behalf of rest of the petitioner. i.e., petitioner Nos. 2, 18, 20, 23, 27, 30 to 32, 35 to 37, 41 to 43 and 45.

(3.) The petitioners passed the 9th Class Examination from Shine Star Public School. Gurgaon, which was alleged to be affiliated to All India Board of Secondary Education, Delhi. The said Board has allegedly been declared bogus by the University Grants Commission and other Government Bodies. After getting the School Leaving Certificate from the Shine Star Public School and the transfer certificate, which was countersigned by the All India Board of Secondary Education, Delhi, the Petitioners were enrolled by the Happy Child High School, Khor (Gurgaon), in the 10th Class. The said school is affiliated to the Harayana School Education Board, Bhiwani. On September 6, 2001 the Principal of the School received the enrolment numbers in respect of the petitioner also received the roll numbers and were allowed to appear in practical examination of the Board. However, the petitioner were not allowed to appear in the theory examination which was to commence with effect from March 20, 2002. The Board issued letter dated February 5,2001 (Annexure P3) withholding the roll number slips of the petitioner on the ground of non-availability of enrolment numbers.