Srivastava, J. - (1.) THIS special appeal has been filed against an order of Mr. Justice Mehrotra, dismissing the Appellant's writ petition filed under Article 226 of the Constitution.
(2.) THE Appellant was at one time a student of the Junior High School Turtipur, District Hardoi, an institution recognised by the Board of High School and Intermediate Education, UP. He left the school on 15 -10 -1953 while he was studying in the VIII class without passing the annual examination of that class. He then studied privately and on 12 -9 -1955, he applied for permission to appear as a private candidate at the High School Examination of 1956. The permission was not granted to him on the ground that he had not passed, the Junior High School examination or class VIII examination of any recognised school. The Board, while rejecting his application, relied on Clause (v) of Regulation X of the Regulations framed by it in connection with the eligibility of private candidates to sit for the High school examination. In his writ petition the Appellant contended that the interpretation which the Board had placed on Clause (v) of the Regulations was not correct and prayed for a writ of mandamus, directing the Board to admit him to the High School Examination as a private candidate. This contention was not accepted by the learned Judge and he dismissed the petition. Hence this appeal. Sub -section (5) of Section 7 of the Board of High School and Intermediate Education Act, 1921 authorises the Board to admit candidates to its examinations. Section 15 of the Act empowers the Board to make regulations for the purpose of carrying into effect the provisions of the Act. U -sub/s. (2) of Section 15 of the Act the Board may make regulations providing among other matters for "(e) the conditions under which candidates shall be admitted to the examinations of the Board and shall be eligible for diplomas and certificates,..."
(3.) UNDER the above mentioned provisions the Board has made certain regulations. Regulation 10 of Chapter XII deals with the eligibility of the private candidates and so far as is material provides as follows:;