BOARD OF SECONDARY EDUCATION RAJASTHAN Vs. URMILA GUPTA

JUDGEMENT

(1.) THIS is a revision petition filed by the petitioner Board of Secondary Education, Rajasthan, Ajmer against the order of learned Civil Judge, Sikar dated 7. 11. 1983 in Civil Misc. Appeal No. 54/83 modifying the order dated 20. 10. 83 passed by the Munsif & Judicial Magistrate, Sikar in civil misc. application No. 125/83.

(2.) THE non-petitioner No. 1 appeared in Higher Secondary examination held by the petitioner-Board in 1983 and she was given supplementary in English Compulsory paper. It is submitted that at the time of supplying of the mark-sheet of main examination to the non-petitioner No. l she was informed though endorsement sent in writing that she is to appear in the supplementary examination of 1983 for English compulsory paper.

(3.) THE contention of learned counsel for the petitioner is that on account of ad-interim injunction issued by the trial court on 22. 9. 83 restraining the petitioner Board from declaring the results of all other candidates which was confirmed on 20. 10. 1983 and finally, modified by the impugned order on 7. 11. 1983, the results of all the candidates could not be declared for more than 1 ½ months. THErefore, quite likely such candidates could not pursue their higher studies in time and had to face numerable difficulties on that account. It is contended that the order of the learned trial court was absolutely perverse and the learned first appellate court also committed material irregularity in up- holding the portion of the order regarding direction to hold special supplementary examination for the non-petitioner No. 1 and such order would cause irreparable injury and failure of justice to the petitioner-Board. It is contended that thousands of students appear in the main as well as supplementary examinations and if some students do not care to take admission cards at proper time and do not read the programme of the examination supplied to all the candidates carefully, and the Board is asked to hold special examination for such careless and negligent students, there will be no end to hold the examinations by the Board.