SAFIYA FARHAT Vs. BOARD OF SCHOOL EDUCATION

JUDGEMENT

(1.) Ms. Safiya Farhat a regular student of 10th Class of Government High School Charisharief of District Budgam appeared in Matriculation examination for the Session 1999-2000 under Roll No. 202221 as a regular candidate at examination centre of Government Higher Secondary School Charisharief. She took examination in all five subjects on schedule dates. For the purpose she filed prescribed form as a regular student of the school showing her age as 30-7-1987. Her examination form along with other forms of other regular students of the school was duly filled in and processed after scrutiny. It was only thereafter petitioner was allowed to appear in the examination and awarded the Roll No. No objection was taken to her taking examination in all the papers. When the results of the matric examination came to be declared in the result notification against her name and Roll No. she was shown as a case of disputed eligibility (Annexure-P2). She prays for declaration/publication of her result.

(2.) Respondents, Board of School Education, Srinagar and its Secretary have in reply admitted that the said Safia Farhat filled her examination form showing her age as 30-7-1987, as a regular student and she was permitted to appear in the Matriculation Examination for the Session 1999-2000. She appeared in all the papers. After she took examination, the Board found that she did not possess the eligibility laid down by Rule 15 in Chapter 10 of J and K State Board of School Education Regulations, 1992, inasmuch as she was below 14 years of age when she appeared in the Secondary School Examination (10th Class). It was for this reason that her eligibility was shown disputed and her result has been withheld. The Board has averred that large number of candidates appeared in the Matriculation examination from various educational institutions and the concerned institutions filled up the examination forms of the examinees. The eligibility as regards age too is checked by the Institutions. It is only after the forms are forwarded to the Board that the Board checks the eligibility. The minute scrutiny of the papers and the forms is not possible. The Board presumes eligibility when it receives forms from institutions and allows candidates to appear in the examination. It is only when Board checked the eligibility subsequently that it found petitioner was not eligible and, therefore, her result was not declared.

(3.) The sole legal question involved is whether Board can withhold the result of a candidate here Ms. Safiya Farhat, once it allows her to appear in the examination, despite the candidate showing and incorporating the correct age in the form, which is below the prescribed age for appearance in the Matriculation examination.