Brijesh Kumar, J. - (1.) The Central Board of Secondary Education (for short the Board), felt aggrieved by the decision of Madhya Pradesh High Court rendered on 2-7-1996 in writ petition No. 426 of 1996, filed by the respondents No. 1 and 2, whereby directing the Board to declare the result of the examination undertaken by the respondent No. 1 for class X in the year 1996, hence the present appeal. In the impugned judgment it was also directed that a fresh marks-sheet be also issued to her, since the result had been declared earlier only provisionally. The grievance of the Board that the respondent No. 1 was not eligible to appear in the high school examination, was not accepted.
(2.) The brief facts of the case are that the respondent No. 1 was student of St Pauls School, Morar, Gwalior, affiliated to the Central Board of Secondary Education, New Delhi. She filled up form for high school examination but the same was withheld by the school authorities on the ground that she had not cleared her class IX examination. It gave rise to filing of a writ petition No. 484/95 by respondents Nos. 1 and 2, the candidate and her father. On 4-4-1995 an interim order was passed by the High Court to the following effect :- "4-4-1995 O R D E R (1) Notice of admission was given to the respondents. 2) There is a report that respondents have refused the notice. 3) Let a fresh notice be sent way of registered post also and service be effected by affixation.The Notices be issued for 18th April, 1995. 4) In para 11 of the Petition, it has been stated that the petitioner was initially "promoted" but later on she was declared to have "failed". In this view of the matter, a direction is given to the respondents to permit the petitioner No. 2 to join Class X. This would be subject to the decision of this petition. C.C. Today. Sd/- T.S. Doabia Judge" Later yet another order was granted on 19-9-1995 in Writ Petition No. 484 of 1995 to the following effect :- "19-9-1995 O R D E R Petitioner No. 2 be permitted to take part in the examination. To come up on the date already fixed. Sd/- T.S. Doabia Judge" The Writ Petition No. 484/95 was thereafter disposed of by order dated 5-12-1995, which reads as under :- "Heard. This petition is rendered infructuous as the admission form appearing in examination of the petitioner has since been sent to the Central Board of Secondary Education, Delhi. This is class X examination. As per the respondents the Petitioner would be permitted to take part in this examination. No further direction is required. Disposed of as such. Sd/- Judge"
(3.) It, however, appears that another writ petition No. 426 of 1996 was filed by respondents No. 1 and 2 with a prayer that a telegram sent by the Regional Officer of the Board, Ajmer, Rajasthan not permitting her to appear in the examination may be quashed and the petitioner No. 1 may be allowed to appear in the examination of the Board which was to start on 6-3-1996. On 1-3-1996 the High Court passed the following interim order :- "....... In view of these circumstances, it is directed that petitioner should be permitted to appear in the examination at the Roll No.1118864 as mentioned in the telegram, in all papers of Class Xth. The result, however, would be subject to the decision of this petition, Certified copy today, on payment. Judge" ;