RICHA JAISWAL D/O RAJ KUMAR JAISWAL Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY HUMAN RESOURCES DEVELOPMENT DEPARTMENT NEW DELHI

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONER No. 2 is the father of petitioner no. 1, who has been admitted in Plus Two Senior Secondary course conducted by the National Institute of Open Schooling for the Session 2007 -08, as is evident from her Identity Card, Annexure -2. It is submitted on behalf of petitioner no. 1 that having completed 1st year course, she appeared in two of the papers i.e. Computer and English for which examination was held at Sainik School, Danapur Cantt. Her result, however, was not published, but she continued her studies. Now, she is not being permitted to appear in the final second year examination, although she submitted her form and examination fee of Rs. 630/ - and practical examination fee of Rs. 300/ -, as would appear from the receipt dated 30.12.2008 and 30.1.2009, Annexure -3.

(3.) WITH reference to the counter affidavit and the prospectus appended therewith, learned counsel for the National Institute of Open Schooling submits that petitioner no. 1 was born on 1.1.1993, as would appear from her Identity Card, Annexure -2 and she was under age on the date of her admission. In the light of the stipulation made in the prospectus, her admission is required to be cancelled.