R.R.YADAV - (1.) The present writ petition is filed by the petitioner, claiming merit scholarship, on the ground that her position on the merit list among Arts and Fine Arts Groups, stood at Serial No. 7, on the basis of result, declared by Board of Secondary Education, Rajasthan, Ajmer (hereinafter referred as "Board"), on 11-6-1996, and published on 12-6-1996, and as such, she is eligible for merit scholarship.
(2.) The respondents Nos. 1 and 2, after service of notices, have filed two separate returns, denying the averments made in the writ petition, on the ground inter alia, that in Arts Group, about 1,80,000 students took examination, whereas, in Fine Arts Group, only 303 students were registered. According to the avermens made in the returns, filed on behalf of the respondents Nos. 1 and 2, the petitioner does not fall within the tenth position, in the merit list, in view of the decision, taken by Board on 13-6-1996, a copy whereof, is filed and marked as Annexure R/1 to the reply, filed by the respondent No. 1.
(3.) The regulations for awarding medals, scholarships and prizes, formulated in exercise of power of Board under Sections 36, 37 and 38 of the Rajasthan Secondary Education Act, 1957 (hereinafter referred as "the Act of 1957"), are quoted hereinabove :- "36. Powers of the Board to make Regulations, - (1) The Board may make regulations for the purposes of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the Board may make regulations provided for all or any of the following matters, namely :- (a) to (m) . . . . . . . . (n) the institution of scholarships and prizes; (o) to (q) . . . . . . . . 37 First regulations of the Board, - The first regulations shall be made by the State Government after previous publication, and they shall be deemed to have been made by the Board and shall continue in force until altered by the Board : Provided that the first regulations, if any, made under Section 35 of the Rajasthan Secondary Education Ordinance, 1957 (Rajasthan Ordinance 5 of 1957) shall be deemed to be the first regulations of the Board made by the State Government under this section. 38 Copies of regulations and alterations thereof, - A copy of evey regulation made by the Board under Section 36 and of every modification or recession thereof or of each of the first regulations of the Board made or deemed to have been made under Section 37 shall be submitted without undue delay to the State Government for information.";