OSHO Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India prays for issuance of a writ in the nature of mandamus directing respondents to allow the petitioner to appear in 10+2 examination in the subjects of English (301), Hindi (302), Maths (041) and Physics (042) for the purposes of improving his earlier score alongwith the subject of Chemistry (043).

(2.) Brief facts of the case are that the petitioner has appeared in 10+2 examination for the Senior School Certificate Examination held in March, 2003 from the Holy Child Public School, Rewari (Haryana). The aforementioned school is affiliated to Central Board of Secondary Education (for brevity, CBSE). He took the exam in the subjects of English, Maths, Physics, Physical Education, Hindi and Chemistry. He was declared successful in all the subjects except Chemistry which was treated by the respondent-Board as an additional subject. The petitioner filed an admission form to take examination in March, 2004 for the improvement of his performance in the subjects of English, Hindi, Maths, Physics and Chemistry. However, his request has been declined vide Order dated 9.1.2004 (Annexure P-2) on the ground that he was eligible for either improvement in English, Hindi, Maths and Physics or in the additional subject of Chemistry but not simultaneously. Later on the petitioner gave in writing that he has decided only to appear in the subject of Chemistry and none else. He was accordingly permitted to appear in the subject of Chemistry. The request made by the petitioner has been placed on record as Annexure R-2 by the respondents in their written statement.

(3.) Feeling aggrieved by the Order dated 9.1.2004, the petitioner approached this Court with a prayer that he is entitled to be considered eligible for taking the examination in English, Hindi, Maths and Physics alongwith subject of Chemistry. When this petition came up for consideration before a Division Bench of this Court on 27.2.2004, he was permitted to take the examination provisionally by issuance of an interim order. The aforementioned order reads as under :-