K.C.AGARWAL,J. - (1.) SRI Kedar Lal Verma, the petitioner appeared at the High School Examination of the U. P. Board of High School and Intermediate Education, Allahabad held in the year 1977. The petitioner obtained the marks -sheet from the Government Intermediate College, Peepalkot, District Pithauragarh. In the said marks sheet the marks secured by the petitioner in the various subjects offered by him were as under: - - .........[vernacular ommited text]........... It is common case of the parties that on the marks secured, the petitioner could not be declared passed the High School Examination, But as against the column meant for being notified as pass or fail, the marks -sheet given to him mentioned that he had passed the examination. On the basis of the aforesaid marks -sheet, the petitioner claimed that he got himself admitted in the Intermediate in the Government Intermediate College, Luck -now. As the original marks -sheet, the petitioner claimed to have been supplied to him, had been lost, he applied for the duplicate marks -sheet. The duplicate marks -sheet issued to him declared that the petitioner had failed in the High School Examination. Thereupon the petitioner filed the present Writ petition on 27 -2 -79.
(2.) IN the counter -affidavit filed on be -half of the U. P, Board of High School and Intermediate Education, Allahabad, the fact that the petitioner had been declared successful in the first marks -sheet issued to him, has not been clearly denied. The averment, however, is that on the marks obtained, the petitioner could not be declared to have passed the examination. The plea taken is that the petitioner was not entitled to take the benefit of the clerical mistake in the marks -sheet. In support of its case that the petitioner could not be declared passed, the plea taken is that one of the subjects offered by the petitioner was General Science. According to the regulation framed by the U. P. Board of High School and Intermediate Education, Allahabad, a student offering Science is required to secure 33% both in practical and in theory but as the petitioner had obtained only 19 marks in theory as against 24 which he ought to have obtained, the petitioner had not passed the examination. The main ground raised, in support of the writ petition by Sri M. S. Negi, counsel appearing for the petitioner, was that the U. P. Board of High School and Intermediate Education, Allahabad, having declared that the petitioner had passed the High School Examination, could not be permitted to resile from the representation made to the petitioner. Counsel contended that on account of the representation made by the Board, the petitioner altered his position and acted to his detriment by joining Intermediate classes at Lucknow. Counsel's argument was that if the petitioner had been informed that he had not passed the examination in 1977, he would have not wasted his money and time in getting himself admitted in the Intermediate course. In substance, the plea raised by the petitioner is that of estoppel.
(3.) BEFORE we deal with the arguments of the learned counsel for the petitioner on the question of estoppel, we consider it necessary to refer to some of the provisions of the U. P. Intermediate Education Act for deciding the controversy involved. Under Section 7 of the U. P. Intermediate Education Act, 1921, the Board has power amongst others to conduct the examination at the end of the High School and Intermediate course. The Board is entitled to frame regulations and to issue instructions from time to time needed for the successful holding of the examination. It has also got the power to prescribe the minimum marks which a student has to secure in order to be successful at the examination. In exercise of that power the Board has been issuing instructions from time to time. The relevant instruction with regard to a student offering General Science in the High School Examination is that he should pass in both the papers of the General Science. One of papers is that of theory whereas the other is practical. The marks allotted to the theory paper are 80 and the remaining 20 marks are for practical. In accordance with the instructions of the Board, every student has to obtain minimum 24 marks in theory and 6 marks in practical. But, however, further requirement is that the total marks of the two subjects should not be less than 33 per cent. The Board has power to allow some marks by way of grace. The relevant instruction issued on the question of grace applicable to a student of Science is as follows: - -;