KUNTAL GUPTA Vs. BOARD OF SECONDARY EDUCATION RAJASTHAN

JUDGEMENT

(1.) WE have before us two writ petitions under Article 226 of the Constitution by two students who have taken their higher secondary education in Rajasthan but who have been prevented from appearing at the higher secondary examination on the basis of Regulation No. 11 of the Regulations made by the Board of Secondary Education, Rajasthan, hereinafter to be referred to as the Board, in exercise of its powers under sec. 36 of the Rajasthan Secondary Education Act, 1957 (Act No. 42 of 1957), hereinafter to be referred to as the Act. They have prayed that Regulation No. 11 be declared ultra vires-the Board and the Board be directed to permit them to appear at the examination of the Board. As the writ petitions raise a common question of law, they can conveniently be dealt with together.

(2.) BEFORE we advert to the facts of these writ petitions, we may refer to the relevant provisions of the Act and the Regulations made under the Act.

(3.) IN the case of Subhash Chandra it is urged, besides what is contended for in Miss Kuntal Gupta's case, that as the petitioner joined the three years' integrated course for the higher secondary examination prior to the imposition of the ban, the same should not operate against the petitioner. It is pointed out he has acquired a vested right to pursue his studies under the state of things as they existed at the time of his joining the three years' integrated course. IN other words, it is urged that we should so construe the Regulation No. 11 that it is held inapplicable to Subhash Chandra.