Rajive Bhalla, J. - (1.) The petitioner, a minor, represented by her mother prays for quashing letter dated 27.01.2011 (Annexure P-16) whereby the petitioner was directed to appear in additional subjects of the semester system i.e. Social Studies, Home Science and Physical Education. It is further prayed that a writ in the nature of mandamus be issued to respondent No. 1 to issue a pass certificate to the petitioner's daughter for the subjects Punjabi, English, Hindi, Mathematics and Science, being an old student.
(2.) The petitioner's mother submits that the petitioner, a minor applied through Zee Study Point School, Manupur, District Fatehgarh Sahib as a regular/open school candidate for the matriculation examination. A receipt of Rs. 7400/- was issued to her by respondent No. 4. The petitioner received roll No. 654763 from the respondent-Board. The petitioner was declared fail as she did not pass in Punjabi, Mathematics and Social Studies. Upon enquiry it transpired that respondent No. 4 had forwarded the petitioner's form as a private candidate instead of as a regular/open school candidate.
(3.) After considering arguments addressed by the petitioner's mother and counsel for the Board, the following order was passed on 18.08.2011:- "The Board, unaware of the conduct of respondent No. 4, treated the petitioner's daughter as a private candidate, and as she had not passed "Punjabi, Mathematics and Social Studies", declared her fail in the matriculation examination. At this stage, it would be necessary to mention that in case the petitioner's daughter had been treated as a regular school/open school candidate, she would not be required to pass "Mathematics and Social Studies"but would be required to pass "Mathematics or Social Studies". The petitioner's daughter was forced, for no fault on her part to once again appear in the entire examination in the new system introduced by the Board, namely, a semester system".;