DOBRO SUNDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By the Court.-It is very unfortunate that total 87 students, 50 regular and 37 ex-students, mostly belonging to Scheduled Tribes of one School, Krishna Ballabh High School, Barkela, Singhbhum West, have not been issued Admit Card for appearing in the Matriculation examination of 2012, which is scheduled to be held from 22nd February, 2012, and that too because of the fault of their school and admittedly, there is no fault of any of the students.From the counter affidavit, which has been filed by the Jharkhand Academic Council. Ranchi, who is conducting the examination, it appears that the Head Mistress of the said school submitted an application on 24th December, 2011 before the Jharkhand Academic Council, Ranchi conveying that because of her poor health, time for submitting the fees and forms for the matriculation examination, 2012 may be extended up-to 26th December, 2012. However, the last date for submitting the fees and forms was 14th December, 2011 and with late fee it was up-to 21st December. 2012.

(2.) It is very difficult to appreciate how the school itself was working who was dependent on only one person, the Head Mistress and who can raise such a lame excuse. Prima facie, we are of the opinion that there could not have been such type of health of any person, on the basis of which this excuse could have been taken. Therefore, we direct the State Government to place on record the application of the Head Mistress, if submitted for taking leave in entire month of December, 2011 and also disclose how much days the Head Mistress remained on leave and what medical certificate was submitted along with the application or after resuming of her duties so that if anything wrong is done, appropriate action may be taken. Since, there is no fault of any of the students and for mere inconvenience of the Jharkhand Academic Council, Ranchi, these students cannot be denied an opportunity to take examination from 22nd February, 2012, which is seven days away from today and even if it could have one day, we would have given direction to the Jharkhand Academic Council, Ranchi, to make special arrangements for appearance of the students in time in the examination.

(3.) Learned counsel for the Jharkhand Academic Council, Ranchi, submitted that after two months, there may be supplementary examination wherein these students can appear.