KUMARI NEELAM SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Nature has not been very kind to the petitioner. She lost her eye sight due to illness. However, the respondent-Board of School Education has been more unkind towards the petitioner, in as much as it has withheld petitioner's result for the last over ten months and has thus caused immense injury to her career. Functionaries of the Board have demonstrated total insensitiveness towards a child who suffered blindness on account of illness and their casual and callous attitude has compelled the petitioner to knock the doors of the Court for justice.

(2.) Petitioner could not appear in her Matriculation examination in September, 1992, because she had lost her eye-sight due to illness. She was admitted and operated upon in the Post-Graduate Institute of Medical Education and Research, Chandigarh. Thereafter, she submitted her application-form along with late fee for the examination to be held in March, 1993. Initially, she was not allotted Roll Number. However, when her father made a representation to the Chairman, Board of School Education, Haryana, and requested for a sympathetic consideration of the candidature of the petitioner for admission to the examination to be held in September, 1993, the Board allotted Roll Number to the petitioner and permitted her to appear in the examination at Hindu Girls Senior Secondary School, Jagadhari. The petitioner appeared at the examination with the assistance of a writer, who was allowed, by the Sub-Divisional Magistrate-cum-Convener Flying Squad, Yamunanagar to help the petitioner. This fact is borne out from Annexure P-2 which bears an order of the Sub-Divisional Magistrate granting her permission to take examinaiton with the assistance of a writer. The petitioner was declared successful subject to her passing Compartment examinations in History, Civics and Geography. She was also permitted to clear Compartment in the examination to be held in March, 1994. She submitted her application-form for examination to be held in March, 1994. She was allotted Roll No. 775547. The petitioner once again appeared in the examination at Hindu Girls Senior secondary School, Jagadhari. This time also, she was permitted to take the assistance of a helper by the Sub Divisional Magistrate-cum-Convener Flying Squad, Yamunanagar. In June, 1994, the petitioner received a letter dated 7.6.1994 (Annexure P-5), written by the Secretary, Board of School Education, Haryana, whereby she was called upon to intimate the Board as to whether she had taken help due to handicap. She was also told that unless she furnishes the requisite information, her result/certificate will not be sent. On 10.6.1994, the petitioner wrote letter (Annexure P-6) to the Secretary Board of School Education and clarified that she had been provided help of a writer by the Sub Divisional Magistrate in view of the certificate issued by the Chief Medical Officer, Yamunanagar, about her handicap. Thereafter, communication (Annexure P-7) was sent to Smt. Subhash Mittal, Centre Supreintendent, Government Girls High School, Chhachhrauli (Yamunanagar) calling upon her to send the medical certificate issued by the Chief Medical Officer, Yamunanagar, regarding loss of eye-sight of the candidate and two photographs of the candidate certified by the Chief Medical Officer. She was also directed to send details of the writer alongwith three photographs of the writer and a certificate from the concerned school of the writer to the effect that he has passed the 9th class examination by securing 45 to 50 per cent marks so that approval of the writer could be obtained and result of the petitioner could be declared. The petitioner was also directed to remain in touch with the Centre Superintendent for sending the relevant documents or to send these documents at her own level. A reminder (Annexure P-8) was also sent to Smt. Subhash Mittal. The petitioner on her own submitted the Medical certificate. When nothing happened in the matter, father of the petitioner submitted representation dated 1.8.1994 (Annexure P- 11) to the Secretary of the Board and requested that result of his daughter be declared immediately. Having failed to persuade respondent No. 2 to declare the result, the petitioner filed this writ petition on 8.10.1994 and prayed for issue of a direction to respondent No. 2 to declare her result and to pay compensation to the tune of Rs. 25,000/- qua loss suffered by the petitioner.

(3.) Notice of the petition was ordered to be issued on 12.10.1994. On 12.12.1994, learned Assistant Advocate General, Haryana, appeared and requested for grant of four weeks time to file reply. Time was granted by the Court and the case was fixed for arguments on 6.2.1995. No reply to the writ petition has, however, been filed by the respondents. In the absence of any reply, we shall decide the writ petition only on the basis of the averments made therein.