USHA RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner passed her matriculation examination in the year 1969. In the year 1973, she passed cutting and tailoring course from the Industrial Training Institute, Rajpura. Thereafter, she joined Rural College, Kaithal for diploma course in Arts, and Crafts. She had three opportunities to clear the final examination of the diploma in Arts and Crafts. In the year 1979, she appeared in the examination and was declared to have compartment in three subjects, vis. (i) Still life, (ii) design and (iii) Scale and Geometry. Once again, she appeared in the examination in the succeeding year i.e. 1980. Her result was declared in October, 1980 and it was shown that she had passed the examination by securing 538 marks. In the gazette notification issued by the Controller of Examinations, Department of Industrial Training, Haryana, the name of the petitioner was shown at Sr. No. 88 amongst the candidates who had passed the examination. However, diploma certificate was not sent to the, petitioner and after about three years of her having been declared passed, the petitioner received a communication Annexure P3 intimating her that she had failed in the examination conducted in May, 1980.

(2.) The petitioner challenged the action of the respondents on the ground that after having declared as pass, the respondents did not have jurisdiction to change the result. According to the petitioner, the action of the respondents is arbitrary, unreasonable and unjustified because that directly result in denying her the third opportunity to appear in the final examination.

(3.) The respondents have contested the writ petition by alleging that the initial declaration of the result made in the year 1980 was subject to the correction of mistakes and when the result was rechecked, it was discovered that the petitioner had in fact not secured the marks which could entitle her to succeed in the examination and, therefore, vide communication Annexure P3 the Director, Industrial Training, Haryana intimated the Principal, Rural College, Kaithal that the petitioner had failed in the examination. Subsequently, the Principal sent this communication to the petitioner.