- (1.) This appeal by special leave is directed against the judgment of the Allahabad High Court whereby it allowed the writ petition filed by the respondent, Kumari Chittra Srivastava, hereinafter referred to as the petitioner, and quashed the impugned order but left it open to the Board to High School and intermediate Education, hereinafter referred to as the Board, to reconsider the case after giving the petitioner a chance to offer her explanation.
(2.) The facts are not in dispute and the only question which arises is whether in the circumstances the petitioner was entitled to an opportunity to represent her case before the Board prior to the passing of the impugned order.
(3.) The relevant facts in brief are these. The petitioner was in 1959-60 session a student of Basant Girls Intermediate College, Varanasi. She appeared at the Intermediate examination in 1960 but failed. She then joined the Government Inter College for Girls at Jaunpur. Her name was sent up for Intermediate examination to be held in 1961 by the Principal. She appeared in the examination but her result was not declared by the Board. On May 24, 1961, the Board addressed a letter to the Principal making enquiries regarding the attendance of the petitioner. According to the regulation framed by the Board no candidate can be presented for the Intermediate examination unless he/she has attended during two academical years 75% of lectures given in each subject in which the candidate is to be examined. In the case of failed candidate, like the petitioner the percentage shall be calculated for one academical year, but Regulation 5 (xiii) enables the head of a recognized institution to condone the deficiency in certain cases. This regulation reads : "(xiii) The rule regarding minimum attendance shall be strictly enforced. The head of the recognised institution may condone a deficiency in attendance of not more than : (a) ten days in the case of a candidate for the High School Examination and (b) ten lecturers (including periods of practical work, if any) given in each subject in the case of a candidate for the Intermediate Examination. All cases in which this privilege is exercised shall be reported to the Director of Education as the Chairman of the Board. In the case of failed or detained candidates whose attendance of one year will be taken into account, the shortage to be condoned shall be reduced to half." The Principal received the letter when on vacation outside Jaunpur. The Principal replied on June 14, 1961, saying that a proper reply to paragraphs 1 and 2 of the letter will be sent after July 8, 1961. She, however, stated : "When Km. Chitra Srivastava absented herself for a pretty long period on account of her illness, the position was explained to her, besides informing her guardian also who was even called to the office and acquainted with the circumstances. At the time, it was possible for her to make good this shortage by her regular attendance. The teacher in Home Science took leave in February, 1961. Chitra was short in attendance in other subjects also, but she made good the shortage by her regular attendance. When during the days the classes were held, lectures in other subjects were held and the girl attended there, it was not considered proper to detain her from appearing at the examination on account of her absence from lectures in a subject in which the required lectures were not held. I got the student admitted to the examination as I was confident that the officers of the Board will agree with my view.";