SUKHWIDER SINGH Vs. PUNJAB SCHOOL EDUCATION BOARD

JUDGEMENT

(1.) This petition has been filed by a minor, through his natural guardian who is the father of the petitioner, for issuing of a direction to the respondents to declare the result of Xth class of the petitioner in which he appeared in March, 1988.

(2.) The facts of the case are that the petitioner was student of Xth class in B.S.H. Arya High School, Sohana, district Ropar. Petitioner's name was struck off from the school rolls on October 31, 1987 due to his prolonged absence from the school which according to the petitioner was due to his illness. Thereafter, the Head Master of the said school issued a certificate on November 2, 1987 to the effect that his school had no objection if he appears as a private candidate in matric examination which was to be held in March, 1988. The petitioner submitted his admission form as a private candidate on November 9, 1987 with late admission fee for Xth class examination. The respondent-Board allowed the petitioner to appear in Matric examination by issuing Roll No. 357 135. The result of the Matriculation examination was declared in the gazette on June 26, 1988, in which the word "M.L" was mentioned against the name of petitioner which means 'Marks Later'. From that the petitioner drew an inference that he had successfully qualified the examination. Marks can be declared later only of a student who successfully qualified the examination. The petitioner, in order to get admission in the next higher class, approached the Board for issuance of a marks-sheet. But despite repeated requests no action in the matter was taken. The petitioner has not received by communication regarding the result of his examination. The petitioner, through this writ petition, seeks declaration of the result on the ground that his candidature was duly accepted by the Board and he was allowed to appear in the examination. Once the petitioner was allowed to appear in the examination, the Board has no power to withhold the result of the petitioner.

(3.) On the contrary, the stand of respondent No. 1 is that the Board is empowered, under Section 17(12) of the Punjab School Education Board Act, 1969, to lay down conditions and restrictions for admission of candidates to the examinations. The condition laid down in Regulation 7 of the Punjab School Education Board (Matriculation Examination) Regulations, 1979, is as under :