RAJ LAL PATEL Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner was a regular student of Class XIIth in Government Higher Secondary School, Bithouli, District Sidhi. In the academic year 2001-02, he deposited fees and the necessary form for appearing in the Higher Secondary School Certificate Examination, 2002 with 'higher Mathematics' as a subject. As setforth, his additional subject was Biology. The Board allotted the Roll Number 23516432 and Centre No. 35023, Government Higher Secondary School, Sonwarsha to the petitioner. But in the admission card issued in favour of the petitioners the subject of 'higher Mathematics' was not mentioned. Due to said mistake of the Board the petitioner could not appear in the examination and lost one year. He submitted a representation to the Competent Authority of the Board through Principal of the Government Higher Secondary School, Sidhi. It is urged in the petition that at the relevant time the petitioner approached the Principal of the School who recommended his case to the Centre Superintendent who did not pay any heed to the same. It is contended that due to the mistake of the Board the petitioner could not appear in the subject of Higher Mathematics, but appeared in other subjects and secured 70% marks. The mark-sheet has been brought on record as Annexure P-2. It is putforth that the petitioner approached many authorities but no one paid any heed to his miseries. The Board issued a letter to the petitioner and directed him to send the original mark-sheet. The petitioner in compliance of the said letter sent the original mark-sheet and requested it to allow him to sit in the Supplementary Examination, 2002 in the subject of Higher Mathematics and to supply him the correct mark-sheet. Assertions have been made with regard to the brilliance of the petitioner and how he has suffered due to the mistake of the Board. On 22-4-2002, the Board issued a letter and permitted the petitioner to appear in the Supplementary Examination after forwarding the form, but by the time the petitioner could receive said communication, only four days were left for the examination. The petitioner immediately approached the Principal of the School but the Principal did not forward the form for examination due to shortage of time as a result of which the petitioner again missed the examination. It is pleaded that due to the irresponsible act of the officer/staff of the Board the petitioner has suffered immensely as he could not appear in the PET/pmt Examination. In this backdrop prayer has been made to issue a direction to the respondents to permit the petitioner to appear in the subject of Higher Mathematics in the examination of 2003 and to supply the correct mark-sheet and further to grant compensation for harassment caused to him.

(2.) A counter affidavit has been filed by the respondent No. 2, the Board of Secondary Education, asseverating that after the receipt of the representation from the petitioner he was asked to send the original mark-sheet for taking appropriate action. The petitioner sent his mark-sheet vide application dated 8-8-2002. Keeping in view the facts and circumstances of the case, the answering respondent took a decision to permit the petitioner to appear in the Supplementary Examination in the subject of Higher Mathematics. By letter dated 22-7-2002 the said permission was granted. A copy of the letter was also sent to the Principal, Government Higher Secondary School, Sidhi. The petitioner was asked to submit his application form for Supplementary Examination within three days. The petitioner submitted a representation that he could not appear in the Supplementary Examination as the Principal of the School had not forwarded his form. On the basis of the said representation the Board granted the petitioner to continue his studies as a regular student in the Government Higher Secondary School, Bithouli. A copy of the said permission letter dated 21-9-2002 has been brought on record as Annexure R-2/5. Consequent to the said permission the petitioner continued as a regular student and again filled up the form for the next examination. He appeared in all subjects and became successful. Copy of the result showing petitioner's Roll Number for March, 2003 final examination has been brought on record as Annexure R-2/7. It is the stand of the Board that the permission for appearing in the Supplementary Examination was granted to the petitioner but due to the act of the concerned Principal he could not appear and, therefore, the Board cannot be treated to be at fault. A stand has also been taken that as the petitioner has appeared in Examination, 2003 and his results have been declared, the writ petition has been rendered infructuous.

(3.) A return has been filed by the respondent Nos. 1, 3 and 5 contending, inter alia, that the petitioner's examination form was duly forwarded by the Principal of the Government Higher Secondary School, Bithouli to the Board in the subjects of Higher Mathematics, Physics, Chemistry and additional subject of Biology. A copy of the nominal roll has been brought on record as Annexure R-1. But in the admission card, which was sent by the Board the subject of Higher Mathematics was not mentioned. As per the Schedule of Examination, the paper of Higher Mathematics was to be held on 1-3-2002. The admission card of the petitioner was received in the office of the Principal of the concerned school on 4-2-2002. As there was mistake in the admission card contrary to the nominal roll sent by the Principal to the respondent-Board, the Principal of the school had sent a correction proposal to the Divisional Officer of the Board at Rewa on 5-2-2002. A copy of the said correction proposal has been brought on record as Annexure R-2. The Divisional Officer of the Board at Rewa accepted correction proposal on 4-3-2002 after the examination was over and, therefore, the petitioner could not appear. The Board had granted permission to the petitioner to appear in the Supplementary Examination in the subject of Higher Mathematics by letter dated 22-7-2002 and the same has been forwarded to the Principal of the School but it was received belatedly. It is also putforth that in the letter dated 22-7-2002 the name of the petitioner, his father's name and his address was not correctly mentioned. Due to this reason, the letter could not reach on time. The petitioner had submitted a representation to be admitted to the Class XIIth as regular student and his request was recommended by the Principal and eventually he was granted such admission and he appeared in the Examination, 2003 and declared passed. It is the stand in the return that there is no fault on the part of the said respondents. The whole blame has been put on the Board on the ground that the Board had not initially mentioned the subject of Higher Mathematics in the admit card and the corrected proposal was sent belatedly by the Board.