BOARD OF SCHOOL EDUCATION, J&K Vs. SAMINA BANO

JUDGEMENT

(1.) REVISION petition has been submitted to set aside the order passed by the learned 3rd Addl. District Judge, Srinagar on 31 -08 -1998.

(2.) RECORD reveals that the plaintiff filed suit in the Court of learned Munsiff (Sub Registrar), Srinagar for declaration and mandatory injunction on the main grounds that she had appeared in Secondary School Examination (10th Class) under Roll No. 230417 in Nov. 1994 Session and did well in the examination but her result was not declared, but was with held for involvement in unfairmeans. Respondent -Plaintiff prayed that the letter No. F/UFM/SSE/94 dated: 02 -03 -1996, which cancelled her examination be declared null and void and defendants, present petitioners be directed to declare her result.

(3.) ALONGWITH the suit an application for temporary injunction was filed in which the trial Court after hearing the parties directed the present petitioners to declare the result of the plaintiff for the Session Nov./Dec 1994, vide order dated: 31 -10 -1997. This order was challenged in appeal before 3rd Addl. District Judge, Srinagar. The learned 3rd Addl. District Judge after hearing the parties held that the impugned order dated: 31 -10 -1997 was a consent order and the appeal against a consent order was not maintainable. It is the validity of this order dated: 31 -08 -1998 which has been challenged in the present revision.