SHALIZA KATOCH Vs. STATE OF H P

JUDGEMENT

(1.) THE petitioner had passed her Matriculation examination from the Central Board of Secondary Education in the year 2005. Admittedly, the petitioner had not appeared for the subject of Hindi. The petitioner applied for admission in 10+1 class in the St. Bede's College. This College is affiliated for 10+1 and 10+2 with the H P Board of School Education. In the prospectus of the College, it was clearly mentioned that a candidate could be admitted in Class XI, if she had passed the Matriculation or Higher Secondary Part­I Examination of the Board of School Education, Himachal Pradesh (hereinafter referred to as "the Board") or any other examination so recognized by the Board as equivalent to above, provided that the candidate must have passed in the subjects of English, Mathematics, Hindi and Science / Social Science. Since the petitioner had not passed the examination in Hindi, she was granted provisional admission in the College. The fact that she was granted provisional admission is apparent from the Admission Form (Annexure R-4/2).

(2.) THE Board in its reply has annexed Regulations relating to the admission to class 10+1 Examination and the relevant portion reads as under:

(3.) IT is contended on behalf of the petitioner that she was not aware about the Rules and Regulations and further she was not aware that she had to appear in the Hindi examination simultaneously or before passing the Plus one examination. This contention of the petitioner cannot be accepted. A perusal of the various documents referred to above clearly shows that the petitioner was granted provisional admission and she was aware that she had to pass the subject of Hindi prior to or at least simultaneously with the examination to be held for plus one. Respondent No.4 has filed the reply and stated on affidavit that the petitioner and her parents were informed that the petitioner had to pass the examination in Hindi. There is no reason to disbelieve the statement made on affidavit by the Principal of the respondent No.4 Institution.