GUNCHA SHARMA Vs. STATE OF JAMMU AND KASHMIR AND OTHERS
LAWS(J&K)-1999-3-46
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 15,1999

Guncha Sharma Appellant
VERSUS
State Of Jammu And Kashmir And Others Respondents

JUDGEMENT

- (1.) Through the medium of this writ petition issuance of writ of Certiorari is prayed for quashing Order No. F(Ex-CC) 50 of 1999 dated 4.2.1999. The case of the petitioner in brief is that she in the year 1997-98 passed Higher Secondary Part-I examination under Roll No. 101396. The result of this examination was declared in the month of May 1998 and as per certificate issued by the Principal Govt. Higher Secondary School, Mubark Mandi, Jammu (Achievement in academic and vocational subjects) she was shown to have passed by obtaining 239 marks in total. The petitioner took admission in Higher Secondary Part-II class in the same school on 5.8.98 and had been attending the course as a regular student under Roll No. 598. In the month of October 1998, she applied before respondent-2 for seeking permission to take part in Higher Secondary Part-II examination and her application was routed through respondent-5. In the month of January, 1999, application form submitted by the petitioner was returned by the Joint Secretary (Exams) J&K Board of School Education on the plea that she had not passed 11th class (Higher Secondary Part-I examination) as she had failed in two subjects i.e. English and Home Science. She made a representation dated 29.1.99 before respondent-3 through respondent-5 who vide annexure-D had recommended her case. Respondent No. 4 rejected the application of the petitioner vide his order dated 4.2.99 and debarred her to appear in Higher Secondary Part-II which had to take place with effect from 13.3.99. The petitioner has challenged order No. F(Ex-CC) 50 of 1999 dated 4.2.1999 on the ground that she had taken admission in Higher Secondary Part-II class and undergone studies and now for no fault of her she was being debarred to appear in the examination and was being asked to clear higher secondary part-II class. Respondents cannot be allowed to take benefit of their own wrongs and even if the petitioner had failed in Higher Secondary Part-I examination, even then, she was allowed to pursue the studies in the higher class, but she for no fault of her can be made to sacrifice two precious years of her life. The result of Higher Secondary Part-I examination was declared in the month of May 1998 and the Achievement Card was despatched in the month of June/July 1998.
(2.) Objections have been filed by the respondents wherein it is pleaded that the examination of 11th class (Higher Secondary Part-I) is conducted by the School authorities regularly on the basis of papers set by the Board of School Education. The answer scripts are evaluated by the School authorities themselves. After the completion of evaluation process each result is counter-signed by the Board authorities. The school authorities had issued the Achievement Card showing the petitioner to have secured 47 marks in General English and 32 marks in Home Science, but the Broad authorities when checking at the stage of counter-signing, it was found that she had not passed in General English and Home Science. She was required to secure 49 marks in General English and 39 Marks in Home Science as against 47 marks secured by her in General English and 32 marks secured in Home Science. Assistant Secretary of the Board of School Education vide his letter dated Jan. 20, 1999 had informed respondent-5 of this position. The petitioner had no cause against respondents No. 1 to 4 and could have the grievance against respondent No. 5 who had wrongly shown her to have passed in these two subjects. School authorities had committed an error because they permitted the petitioner's admission in class XII when she was not eligible. School authorities had given permission to ineligible candidate and no writ of mandamus can be issued against respondents No. 1 to 4.
(3.) In the objections filed on behalf of respondent-5, he has pleaded that he had issued Achievement Card in favour of the petitioner showing the marks which she had obtained, but upon verification of the result by the J&K State Board of School Education at the stage of counter-signing, it was found that the petitioner had not cleared two subjects namely, General English and Home Science. For having passed in these two subjects she should have achieved 49 marks in General English and 39 marks in Home Science. It is also stated that the petitioner did not attend Higher Secondary Part-II class regularly with effect from 1.11.98. No writ can be issued against a statute and as per requirement of the statute in question, the petitioner has not passed Part-I Higher Secondary class examination.;


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