KAVITA VATSA Vs. PRINCIPAL GOVT SR HIGHER

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution of India, the petitioner has prayed that letter dated 8.10.92 (Ann.4), holding the petitioner ineligible to appear in the Class XII Examination, in March, 1993, be quashed.

(2.) THE petitioner passed her All India Secondary Examination, 1991 and thereafter got admission in Government Sr. Higher Secondary School, Khetri Nagar, District Jhunjhunu in XIth class. In XIth class also, she appeared and declared pass. When she filled the examination form of class XIIth, a letter (Ann.4) dated 8.10.92, has been received by her from Board of Secondary Education Rajasthan, Ajmer, whereby it is conveyed that petitioner is not eligible for appearing in the examinations as she secured less than 33% marks in Mathematics in Secondary Examinations, 1991. Thereafter, petitioner filed this writ petition. On stay application, the respondents were directed to allow the petitioner provisionally in examinations started from Feb. 25, 1993 and it was also made clear that petitioner will have no advantage on the basis of this direction at the time of final disposal of the petition. In pursuance of the direction of this Court, petitioner appeared in XIIth class and her result is yet to be declared.

(3.) MR . Resham Bhargava and Mr. J.M. Saxena, learned Counsel for respondents have submitted that in the Regulation 5 of Chapter 19 of the Rajasthan Secondary Education Regulations, 1957 (for short, hereinafter, referred to as 'the Regulations') clearly provides that if any candidate secures less than 33% marks, he will not be allowed on the next higher class. Admittedly, the petitioner secures only 21 marks in Mathematics in Secondary examinations held in 1991. They placed reliance on the decisions of this Court in Surendra Kumar v. Board of Secondary Education WLR 1994 Raj. 894; and Dharmendra Acharya v. The State of Rajasthan and Ors. 1992(2) WLC (Raj.) 202.