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LPA/363/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 363 of 2011
In
SPECIAL
CIVIL APPLICATION No. 2012 of 2011
With
CIVIL
APPLICATION No. 2490 of 2011
In
LETTERS PATENT APPEAL No. 363 of 2011
=========================================================
NIDHI
J TRIVEDI - Appellant(s)
Versus
CENTRAL
BOARD OF SECONDARY EDUCATION & 2 - Respondent(s)
=========================================================
Appearance
:
MR
DHAVAL M BAROT for
Appellant(s) : 1,
MR KV SHELAT for Respondent(s) : 1,
DS
AFF.NOT FILED (N) for Respondent(s) : 2 - 3.
MR GM JOSHI for
Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 26/04/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
appeal has been preferred by the appellant, original petitioner,
against the order dated 23.2.2011 passed by the learned Single Judge
in Special Civil Application No.2012 of 2011. By the said order, the
Court refused to direct the Central Board of Secondary Education
(‘CBSE’ for short) to issue Hall ticket/ Admit card to the petitioner
to appear in the XII Std. examination, as was scheduled to be held in
March 2011.
2. On
25.2.2011, this Court by interim order allowed the appellant to
appear in the XII std. examination, subject to the decision of the
case, and directed the first respondent-CBSE to issue Hall ticket/
Admit card on receipt of requisite fees and forms, but it was
ordered not to publish the result without prior permission of the
Court.
3. The
case of the appellant is that she was studying in the third
respondent-Ambuja Vidya Niketan since 1999 till the year 2010. She
appeared in the XI std. examination conducted by the third
respondent-school authorities and provided with the mark-sheet.
Thereafter the appellant took admission in XII std. in the second
respondent- Om Shanti English Medium School in the year 2010. When
the question of appearing in the XII std. examination came, the
appellant was not allowed Hall ticket. Now, the respondents have
taken a plea that before leaving the third respondent-school, the
appellant could not pass Mathematics paper of XI std. examination
held by the third respondent-school for that reason she was not
allowed to appear in the examination.
4. It
is not in dispute that the appellant was promoted from XI std. to XII
std. by third respondent-school. Thereafter she was admitted in the
second respondent-school. At that time, no objection was raised by
any school about promotion granted to the appellant to the XII std.
on the ground of non-passing of Mathematics examination. She was
admitted on provisional basis, subject to approval by the CBSE. The
matter remained pending with CBSE till the XII std. Board examination
was scheduled to be held. The aforesaid facts have not been disputed
by the learned counsel appearing on behalf of the respondents.
5. Having
regard to the facts and circumstances and taking into account that
there is no fault on the part of the appellant-student and this is
the beginning of her career and first Board examination, we are of
the view that the appellant should be allowed to appear in the
Mathematics examination of the XI std. from third respondent-school
and, if she passes the said examination, the CBSE will regularise her
admission as was taken in the XII std. in the second
respondent-school and thereafter will declare the XII std. result.
6. The
Principal of the third respondent-school is directed to hold such
examination for Mathematics subject of XI std. and allow the
appellant to appear in this examination on deposition of requisite
fee, and to publish the result within one month. The result should be
intimated to the second respondent-school and the CBSE, who in their
turn, if find that the appellant is successful in the Mathematics
examination, will regularise the admission in the XII std. and
publish the result within a month thereof. The total procedure should
be completed by 30th June 2011. The order passed by the
learned Single Judge dated 23.2.2011 in Special Civil Application
No.2012 of 2011 is set aside.
7. Both
the appeal and civil application stand disposed of with the aforesaid
observations and directions. No costs.
Direct
service is permitted.
(S.J.
MUKHOPADHAYA, CJ.)
(J.B.
PARDIWALA, J.)
zgs/-
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