K.C.Agrawal, J. - (1.) This petition under Article 226 of the Constitution has been filed by Kazi Hasan Arif, who appeared at the High School Examination of the year 1980 conducted by the Board of High School and Intermediate, Education U.P. as a private candidate. His roll number was 758393. His application form was forwarded by the District Inspector of Schools, Kanpur. In submitting the form, however, one day's delay had been caused by the petitioner. Along with the application form, the petitioner had submitted a medical certificate of his illnes. The application form was accepted and the petitioner was permitted to appear at the said Examination. Upon the results been published, the petitioner did not find his name in the result sheet. As a consequence thereof, the petitioner made enquiries from the Board of High School and Intermediate Education but the too was of no avail. Compelled in these circumstances the petitioner filed the present writ petition for mandamus directing the Secretary of the Board of High School and Intermediate Examination to declare the result of the petitioner.
(2.) On September 2, 1981 time was granted to the standing counsel till 10th September, 1981 for producing the relevant papers pertaining to the petitioner's case and for seeking instructions. The papers have produced before us.
(3.) From the writ petition we find the ground on which the result of the petitioner had been withheld. The same appears to be that as the petitioner had not submitted his application form within the time allowed for the said purpose, his result has been withheld. We are of opinion that having permitted the petitioner to appear at the examination, the Board was not entitled to withhold the result on the said ground. It is ture that there can be no estoppel against a statute nor can the parties contract out of it. But here the position is different. The breach committed by the petitioner was of not such a nature of which the petitioner could not be exonerated or that the same could not be excused. The breach is in the following of the procedure laid down by the Board for filing application form. In such a matter the principles of estoppel against breach of law may not be applicable. The Board having accepted the form and permitting the petitioner to appear at the examination must be considered to have Waived the requirement of filing the application form within the time allowed for the said purpose. In these circumstances the petitioner is entitled to a mandamus being issued to the Secretary Board of High Court and Intermediate Education tor the declaration of his result.;