KIRAN BALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed by the petitioner with a prayer that the cancellation of her admission to the J.B.T. Course be declared as illegal and the respondents be directed to allow the petitioner to join the J.B.T. Classes. She has also prayed for issue of any other appropriate writ, order or direction.

(2.) During the pendency of the writ petition, the petitioner was once again given admission in the Course for the session 1993-94 as an additional Student in terms of the directions given by this Court on 22.9.1993. She has appeared in the ex- aminations held at the end of first year, which is known as the Examination for Diploma in Education Part I. She has also undergone the Course for the 2nd Year and has appeared in the Part II Examinations. Under the directions of the Court, the learned Assistant Advocate. General has produced before the Court two sheets in separate sealed covers showing the result of the petitioner in Part I and Part II. In part I Examination, the petitioner appeared with Roll No. 3399. She is shown to have secured 105 marks out of a total of 200 marks in the External Examination whereas in the Internal examinations she is shown to have secured 33 marks out of a total of 250 marks. A remark "re-appear" has been inserted opposite her marks in the Inter- nal Examination. In Part II, the petitioner appeared with Roll No. 8391. She is shown to have secured 108 marks out of a total of 200 marks in Theory and 131 marks out of a total of 150 marks under the heading "Skill in Teaching". On the basis of these marks, she has been treated as pass in the External Examination. In the In- ternal Examination she is shown to have secured 144 marks out of a total of 200 marks and has thus been treated as pass.

(3.) The facts, which are necessary for the purpose of deciding the issue raised in this writ petition, are that the petitioner was admitted to the Course on 3.12.1993 on the basis of her merit. She started attending the classes at the J.B.T. Institute, Dharela (Morni Hills), district Ambala. According to the petitioner, she went home on 13.2.1993 in view of the fact that there were three holidays in the next week. At home she fell ill. She suffered an attack of typhoid on 20.2.1993 and had to remain under medical treatment till 20.6.1993. She had sent intimation about her illness to the Headmaster of the school under the certificate of posting. The Institute remained closed due to summer holidays from 25.5.1993 to 5.7.1993. After having recovered from the illness, the petitioner submitted a representation to the Head- master of the Institute and requested that she be re-admitted to the Course. On this application (Annexure P.2) the Headmaster of the Institute recorded a note that her name was struck off the rolls on 26.2.1993 due to her long absence. He also recorded that the matter was reported to the Director, Secondary Education, Haryana, for guidance and necessary action.