INDERJEET KAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India praying for quashing Annexures 3 and 4 whereby the petitioner's examination to beheld in the year 1975 has been cancelled.

(2.) THE relevant facts giving rise to this writ petition stated in brief are as follows. The petitioner Kumri Inder Jeet Kaur passed her examination of XI Class from Nathmal Jain Trust Grils Higher Secondary School Gurakhpur (Jabalpur) in the year 1974. The Xth Class examination which the petitioner passed was a home examination and was not one held by any Board. The petitioner had to shin to Bikaner as her father being a Government servant had been transferred to Bikaner. The petitioner therefore through her guardian applied on the prescribed form to the Head Mistress of Government Maharani Higher Secondary Schoo1 Bikaner for being admitted to XIth class Provisional admission was given by the Head Mistress in class XI and the petitioner's application was forwarded to the Board at the petitioner was coming from the School which was not within the jurisdiction of the Board. The Assistant Secretary to the Board by his letter dated 30th of July, 1975 intermed the Head Mistress that the petitioner may be permanently admitted to XI Class. The Head Mistress was, however, directed to verify some facts one of which was whether the petitioner had passed any Board's examination or any examination equivalent there to. On 11th of November, 1974 the Head Mistress informed the petitioner's father that the Board had accorded permission allowing the petitioner to appear at the Higher Secondary Examination comprising three year's course as she had passed XI class in the home examination held by the concerned school. The petitioner continued pursuing her studies in XI class. Thereafter the petitioner filled the application form for appearing at the examination which form was sent by the Heal Mistress to the Board which allotted roll number 688940 to the petitioner. It may be mentioned here that the petitioner was a student of Science and was, therefore, to take the practical examination it Science subjects as per the regulation of the Board. The petitioner was allowed to take practical examination in Physics, Chemistry and Biology held between the 17th of February. 1975 to 6th of March, 1975. However, by a letter dated 7th of March, 1975 of the Assistant Secretary to the Board the Head Mistress was informed that the petitioner's application for admission to the examination has been cancelled and the examination fee recovered from the petitioner shall be refunded as permissible under the Rules. The Head Mistress by her letter dated 10th of March, 1975, informed of this fact to the petitioner the petitioner took objection to this and made representations through her father but they did not bear any fruit. Hence this writ petition.

(3.) THE case of the petitioner is that the petitioner having been permanently admitted without any reservation, the Board was estoppel from denying the petitioner's right to appear at the Higher Secondary Examination. It has been submitted that the petitioner was led to believe that she had been admitted in class XI and that she will have right to appear at the Examination. The petitioner goes on to say that not only this, tae petitioner was allotted roll number and she actually was permitted to take practical examinations held in the month of February, 1975 and the Board was estopped from debarring the petitioner to appear at the Examination after a period of about 8 -9 months when she had gone through the ordeal of studying the complete course.