SYEDAH MEHVISH Vs. STATE OF J&K

JUDGEMENT

(1.) WRIT petition has been filed praying for direction to the respondents to declare the result of the matriculation examination of the petitioner in which she appeared under Roll No. 309464 Session Nov -Dec. 2002.

(2.) THE main submissions made in the petition are that the petitioner filled up the form for taking the matriculation examination in the year 2002 which was scrutinized by the Official Incharge of the respondents department and the petitioner was permitted to take the examination, without any protest. The grievance of the petitioner is that having permitted to take the matriculation examination, without any objection, the respondents have withheld the result, without any Justification. On these submissions, it is prayed that the writ petition be allowed and the respondents be directed to declare the result of the petitioner.

(3.) WHILE admitting that the petitioner was permitted to sit in the matriculation examination provisionally, the stand and submission of the respondents is that the petitioner was not eligible to take the examination on account of deficiency of her age less by 6 months and 13 days to the eligibility limit of 14 years as on the cut out date of 01.12.2002, for taking the examination. It is admitted that the petitioner was permitted to sit in the examination on humanitarian grounds and subsequently on realizing that the petitioner was under -age, her result has been withheld and the entire examination cancelled. In the affidavit, sworn by, Mr. N. A. Shah, Joint Secretary, J&K State Board of School Education, it is submitted that the form of the petitioner was scrutinized and was approved on the basis of the attestation of the Registration No. B -01 -312039 -3132 on the Form by the Principal of the School. The dealing official, under the impression that the petitioner has already been duly registered, accepted the genuineness of the Registration number and the validity of the documents submitted by the petitioner. It is also submitted that subsequently, it was ascertained that the petitioner was not allotted any Registration number, but the Registration number was wrongly entered and attested by the Principal, and as the petitioner was not eligible to take the examination, the impugned order was passed to cancel the examination under rules. On these submissions, it is prayed that the writ petition does not merit consideration and may be rejected.