O.H. Mootham, J. - (1.) This is an appeal by the respondents from an order of Mr. Justice Dhawan dated the 20th Aug., 1958, allowing a petition under Article 226 of the Constitution.
(2.) The Petitioner was a student of Class X of the Agersen Intermediate College, Allahabad. He appeared at the High School Examination in the year 1955 but was unsuccessful, and he sat again for the same Examination in 1956. The result of his examination was not however published with the result of the other candidates, and after a good deal of delay the petitioner was informed that his examination had been cancelled by the Chairman of the Board of High School and Intermediate Education (Which had conducted the Examination) on the ground that he had not attended the prescribed number of classes. The petitioner then filed a petition in this Court in which he contended that as he had been permitted by the Board of High School and Intermediate Education to sit for the Examination, it was not within the power of the Board or of the Chairman thereafter to cancel the Examination on the ground of shortage of attendance; and he prayed for the issue, first, of a writ quashing the order of the Chairman cancelling his examination and, secondly for the issue of a writ commanding the Board to declare his result at the Examination in question. The learned Judge granted the reliefs sought and the respondents, namely the Board of High School and Intermediate Education, the Director of Education, Uttar Pradesh, and the Secretary of the Board of High School and Intermediate Education, now appeal.
(3.) The Board of High School and Intermediate Education was established by the Intermediate Education Act, 1921, for the purpose of regulating and supervising the system of High School and Intermediate education in the State. Under Sec. 7 of that Act the Board has power to conduct examinations at the end of the High School courses, to admit candidates to the examinations and to publish the results of those examinations; and under Sec. 15 it has power to Take regulations for the purpose of carrying into effect the provisions of the Act. The Board has, in exercise of that power, made a large number of regulations which, for the purpose of convenience, are divided into chapters. Chapter XII deals with examinations, and we are concerned in particular with Reg. 4 and clauses (i) , (ii), (v) and (xii) of Regulation 5, which read as follows: "Rules for Admission of Regular Candidates. 4. (1) Every candidate sent up by a recognised institution for admission to an examination held by the Board shall, not later than the first of November each year:- (a) pay the fee prescribed for the examination, and (b) state the subject or subjects which he she offers for the examination. (2) The head of the institution shall furnish the Secretary with the following certificates showing: (i) that his she admission to the institution is in accordance with the rules of the Education Code and the regulations of the Board; (ii) that he she has completed a regular course of study in a recognised institution; (iii) that he she has actually performed the experiments laid down in the syllabus (only for candidates offering Science or Biology at the High School Examination). Attendance and Number of Meetings. 5. (i) A recognised institution shall remain open for "at least 220 working days including examination and extra curricular activities. (ii) No candidate shall be presented for the High School Examination by a recognised institution, unless he she has been present in classes IX and X for at least 75 per cent. of the days the institution was open during two academical years. ...... ...... (v) In the case of failed or detained candidates of the High School or Intermediate Examination of the Board, the percentage shall be calculated for one academical year only. The attendance put in during the academic year at the end of which the candidate wishes to appear shall be calculated. The terms "detained" means detained for any cause either at the High School or the Intermediate Examination. .... .... .... .... .... .... .... .... (xii) The rule regarding minimum attendance shall be strictly enforced The head of a 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 lectures (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 cases of failed candidates whose attendance of one year will be taken into account, the shortage to be condoned shall be reduced to half.";