AMIT PADHA Vs. UT OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The petitioners are minor and have filed this writ petition through their respective fathers. The petitioners were students of Matriculation in the Krishtu Jyoti Convent School, Samba and had appeared in the annual examination of Matriculation for the session Regular-2020. As per the results and the the Matriculation mark-sheets issued by respondent No 2, petitioner No.1 was declared not qualified for promotion to 11th class for he had obtained E1 and E2 grade in Mathematics and Social Science subjects. Petitioner No.2 was also not declared qualified for promotion to 11th class as he had obtained E1 grade in Mathematics. Similarly, petitioner No.3 too was not declared qualified for 11th class for the reason that he had obtained E2 grade in Social Science subject in Matriculation examination. Consequently, the petitioners applied as private candidates for Matriculation examination in the subjects they had not qualified in the Regular Annual examination-2020. After the petitioners had applied as private candidates for Matriculation examination in the subjects they had failed in the annual examination, respondent No.2 issued a Notification bearing No. F(Acad-C)B/A-P(Pvt.)/X/XII)SZ/20 dated 19.09.2020 providing for mass promotion of candidates having passed in two or more subjects in Matriculation examination. It is pleaded that respondent No.2, after promulgating the decision with regard to mass promotion of candidates as aforesaid, declared the result on 21.10.2020, but the petitioners could find their names in the list of qualified candidates.

(2.) The petitioners claim that they immediately approached respondent No.1 and enquired about their exclusion from the benefit of mass promotion. Respondent No.1, after going through the records, apprised the petitioners that they could not be given the benefit of promotion as their applications forms along with examination fee were never received by respondent No.1. The petitioners immediately approached the Sub-office of JK BOSE at Samba, which in turn, advised them to approach respondent No.5. It is complained by the petitioners that respondent No.5 initially dilly dallied the matter and wasted entire one month in the process, but later on, admitted its fault in the month of November and took shelter to the situation that had arisen due to COVID-19 infections for not processing their applications and sending them to respondent No.1. The petitioners claim that thereafter they made all possible efforts to see that their applications along with fee which they had already submitted to respondent No.5 reaches respondent Nos.1 and 2 and they are also given the benefit of mass promotion as had been given by respondent No.1 to several candidates similarly situated with the petitioners. It is in this backdrop, the petitioners after having failed to persuade respondent No.1 to accept their belated application forms and fee, filed the instant petition seeking inter alia a direction to respondent Nos. 1 to 3 to accept their examination fee for biannual examination of Matriculation and declare them having passed Matriculation in terms of the Notification dated 19.09.2020 (supra).

(3.) On being put on notice, respondent Nos. 1 to 4 and respondent No.5 have filed their separate objections. In the objections filed by respondent Nos. 1 to 4, it is submitted that the writ petition as against respondent No. 1 to 4 is without any cause of action. It is submitted that in terms of Notification aforesaid, the benefit of mass promotion to the candidates of 10th class examination private biannual Session 2020 Summer Zone area of Jammu provide was only extended and applicable to the candidates who would submit their permission-cum-admission form of 10th class examination to the Board within the time stipulated therefor. It is submitted that for the purpose of submission of permission-cum-admission forms, the Board had issued a Notification dated 07.08.2020 with the last date fixed for the purpose as 17.08.2020. Keeping in view Covid-19 restrictions and the situation arising therefrom, the date was extended from 17.08.2020 to 7.9.2020 and thereafter to 15.09.2020. It is, thus, submitted that after two extensions granted, the cut off date to submit the permission-cum-admission forms by the candidates to the Board was 15.09.2020. Since even before the extended cut off date i.e 15.09.2020, neither the permission-cum-admission forms of the petitioners, nor the fee was received, therefore, there was no question of considering the petitioners for mass promotion in terms of the Notification dated 19.09.2020.