Vineet Kothari, J. - (1.) Heard learned counsels.
(2.) A student, a girl of 19 years, has approached this Court by way of present writ petition being aggrieved by the order passed by the learned court below on 1/7/2009, whereby, the learned trial court rejected her application in a suit filed by her seeking admission in 12th standard to be conducted by the respondent - defendant - Central Board of Secondary Education, Ajmer in the year 2008-09. Since, she could not appear in 12th standard in the preceding year due to medical reason, she filled up the form as a private candidate in the next year for the same examination. When her eligibility was questioned by the Board on the examination form submitted by the petitioner-student before the respondent no.2 Central School, No.1, Bikaner, she had to file the present suit for declaring her eligible in the said examination and also declaring her result. On a temporary injunction application, the learned trial court vide order dated 28/2/2009 (Annex.4) directed the defendant Board to immediately permit her to appear in the examination, which was to commence from 2/3/2009, a few days after the said order. However, the result of the said examination was directed not to be declared without further orders from the Court. The petitioner was accordingly allowed to appear in the examination of 2008-09 and her result was withheld. Subsequently, when application under Section 151 CPC was filed by the plaintiff-petitioner, which came to be rejected by the trial court by the impugned order dated 1/7/2009 holding that such relief could not be granted under Section 151 CPC, the petitioner being aggrieved of the said order, is before this Court in the present writ petition.
(3.) A reply to the writ petition has been filed by the respondent Board. Learned counsel for the petitioner, Mr. Ajay Vyas urged that the result of the petitioner ought to have been declared by the learned trial court and by keeping the same pending by rejection of the application under Section 151 CPC and not deciding the suit expeditiously has caused serious prejudice to the plaintiff and has blocked her future career of studies. He, therefore, prayed for allowing the present writ petition and declaring the result of her 12th standard examination in which she appeared under the orders of the Court subject to final decision of the suit in which her eligibility would be decided. The said prayer is strongly opposed by the learned counsel for the respondent Board, Mr. A.K.Khatri. He cited the judgment of Apex Court in the case of Regional Officer, CBSE v. Ku.Sheena Peethambaran & Ors. - (2003) 7 SCC 719 in which in para 7, the Apex Court noticed the facts like this, "The student, namely, Respondent 1 had failed to clear her Class IX examination which was necessary requirement as provided under the bye-laws of the Board so as to be entitled to appear in Class X examination conducted by the Board. Despite notice, no one has put in appearance on behalf of the Respondent 1 and 2 to indicate any fact or circumstance so as to take any different view. Condoning the lapses or overlooking the legal requirements in consideration of mere sympathy factor does not solve the problem, rather breeds more violations in the hope of being condoned. It disturbs the discipline of the system and ultimately, adversely affects the academic standards.";