DHARMENDRA ACHARYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned single Judge dated 14. 2. 1992 whereby the writ petition filed by the petitioner-appellant has been dismissed.

(2.) THE case of the petitioner-appellant is that he passed the Secondary Education Examination in the year 1990 from the Board of Secondary Education, Assam and thereafter, his father migrated to Rajasthan and so, he obtained his School Leaving Certificate and sought his admission in Rajasthan Bal Mandir, Senior Higher Secondary School, Bikaner in the 10 + 2 scheme in the session 1990- 91. He passed Xlth class and secured 59% marks. THEreafter, his form was sent for the Senior Higher Secondary Examination to the Board of Secondary Education, Rajasthan, Ajmer but his form has been rejected on the ground that while passing secondary school examination from the Board of Secondary Education, Assam, he has only obtained 30% marks in two subjects whereas the Regulations of the Board of Secondary Education, Rajasthan, Ajmer require that a candidate must pass in all the six subjects including English with minimum 33% marks. No candidate can be admitted in 11th Class unless he retains 33% marks in all the subjects including English.

(3.) OUR attention was next drawn to a decision of this Court in Ramveer singh vs. Board of Secondary Education, Rajasthan Ajmer & Ors. (4) decided on 20. 3. 1991 at Jaipur Bench), where in N. C. Sharma, J. has observed as follows: - "it is time to add that we have come across cases where ineligible students are admitted to schools or colleges by the Principals of the Schools and Colleges and the ineligible students have been allowed to continue their studies and even, provisionally appeared in examinations under the shelter of interim orders of Courts. This affects not only the purity in the admissions of students in Schools and Colleges but also is determental to those students who are eligible but are denied admissions. This also results in producing substandard graduates, teachers and in other academic specialities. It is time enough to stop all this mess in Schools and Colleges recognised by the Board of Secondary Education, Rajasthan or the University of Rajasthan. It is hoped that the Board of Secondary Education, Rajasthan,and the Govt. of the State of Rajasthan will take suitable action against the Principals of various Govt. and non Governmental Schools or Colleges where ineligible students are admitted by them in various classes. Since, the Principal of Govt. Senior Higher Secondary School Bayana had wrongly admitted an ineligible student in Xlth Class i. e Higher Secondary Class, he will personally pay Rs. 500/- as costs to the petitioner. " In this case, the Principal Rajasthan Bal Mandir, Senior Secondary School, Nathusar-gate, Bikaner has not been made a party to this petition and, therefore, we leave it open to the petitioner-appellant as to how he should proceed against that Principal, who has spoiled his two years and to take suitable action against him. He not being a party to this writ petition or special appeal, we are not going to impose any costs against him in this absence.