AVDHESH KHOKHAR Vs. PRINCIPAL DAYANAND PUBLIC SCHOOL

JUDGEMENT

(1.) The petitioner, who is a student, has filed this petition in July, 1997 and prayed that the respondents be directed to declare his result of Senior Secondary Examination held in November, 1995 and issue him correct, true and relevant marks-sheet of the said Examination.

(2.) Reply-affidavit has been filed in this case on behalf of the respondents Nos. 2 and 3, wherein several contentions have been raised. One of the foremost contentions raised by the learned counsel Mr. Mehta, for the respondents Nos. 2 and 3, at the time of hearing of this petition, was that the petitioner-student deposited the fees late, i.e., 28-11-95, after the Examination commenced on 20-11-95. Thus, the submission was that from the very threshold, the petitioner-student was not entitled or eligible to appear in the Examination, therefore, there is no question of declaring his result. It was also submitted by the learned counsel Mr. Mehta for respondents Nos. 2 and 3 that two important conditions required under the Rules are not fulfilled by the petitioner in this case; (1) that the name of the petitioner was not included in the list of the candidates supplied by N.O.S., and (2) the petitioner was never given permission to appear in the Examination. Mr. Mehta submitted that the petitioner appeared in the Examination at the Respondent No. 1's school, which is the Centre for Examination, merely on the strength of his enrolment, which was not sufficient. He, therefore, submitted that the petition should be dismissed.

(3.) Before appreciating the aforesaid contentions raised by the learned counsel Mr. Mehta, for Respondents Nos. 2 and 3, it must be stated that on 12-8-99, statement of Mr. Mehta was recorded that he will produce the result of the petitioner before this Court on 13th September, 1999. However, the same could not be produced, because of some misunderstanding on the part of the respondent No. 2, therefore, on 14th September, 1999, the Respondents Nos. 2 and 3 were directed to produce the result of the petitioner-student on 5th October, 1999, i.e., today. Accordingly, learned counsel Mr. Mehta has produced the result of the petitioner-student in a cover which was opened in presence of both the learned counsel for the parties Mr. Trivedi for the petitioner and Mr. Mehta for respondents Nos. 2 and 3. It is dated 1-9-99. Strictly speaking, it is not a result, but a sort of certificate issued by the Deputy Director (Examination), National Open School, which reads as under :-