- (1.) In all these cases, the petitioners were admitted to Senior Secondary classes in 10 plus 2 scheme in various schools in Rajasthan, which are recognised and affiliated to the Board of Secondary Education, Rajasthan, Ajmer (in short, 'the Board'). They passed their Secondary School Examinations either from the Central Board of Secondary Education, New Delhi, or other Boards/Universities outside Rajasthan. After admission in the schools, they continued their studies but were refused to take Examination. However, they were allowed to appear in the examination of the year 1992 by various orders of this Court, but their results have not been declared so far under the orders of the Court.
(2.) Brief facts of each case may be summarised as under in order to appreciate the grievance of the petitioners :- The petitioners in writ petition Nos. 2333/92, 2334/92, 2336/92,2414/92, 2493/92, 2565/92, 2613/92 and 2621/92 have passed Secondary School Examination from the Centra] Board of Secondary Education, New Delhi (hereinafter referred to in short, 'C. B. S. E.'). As per the Examination Bye-Laws of C. B. S. E., the pass criteria of Secondary School Examination is as follows :- "( i ) A candidate will be eligible to get the Pass Certificate of the Board, if he gets a grade higher than E in all subjects of internal assessment unless he is exempted Failing this, the result of the external examination will be withheld but not for a period of more then one year. (ii ) In order to be declared as having passed the examination, a candidate shall obtain a grade higher than E in any four out of five subjects of external assessment. (iii) .... (iv).... (v) .... (vi) No overall division/distinction/aggregate will be awarded." All these petitioners had secured less than 33% marks in one subject. After passing Secondary School Examination, they were admitted to Xlth class in 10 plus 2 scheme in various schools affiliated to the respondent Board, where they passed XTth class as regular students and then were admitted to XIIth class. They continued their studies as regular students throughout. They also deposited all the fees in time and filled-up examination forms for Senior Higher Secondary School Examination of 1992. through their respective schools. Some of them have also taken their practical tests and were allotted roll numbers of the examination by the respondent-Board. However, they were declined to take their examination on the ground that in one subject of Secondary School Examination, they had secured less than 33% marks as required for admission in XIth class of the schools affiliated to the respondent-Board. In writ petition Nos. 1953/92, 2266/92 and 2650/92, the petitioners had passed Secondary School Examination from C. B. S. E., New Delhi as regular students of the schools affiliated to the said Board. Then, they took admission in XIth class in the schools which are affiliated to C. B. S. E. and passed the examination. But on account of the transfer of their father, they took admission in Xllth class in the schools in Rajasthan which are affiliated to the respondent-Board. They continued their studies in these schools as regular students after paying the fees. They also filled-up the examination forms of Senior Higher Secondary Examination, 1992 of the Board through their schools. However, they were denied to appear in the examination on the ground that in one subject of Secondary School Examination, they had secured loss than 33% marks. In writ petition No. 2422/92, the petitioner passed Secondary Examination, 1990 of Council for the Indian School Certificate Examination, New Delhi, as a regular student of Maharani Gayatri Devi Girls Public School, Jaipur, which is affiliated to it. In the said Examination, she passed 5 subjects with more than 35% marks. Thereafter, she took admission in XIth class in the same school, but, left the school in July, 1990 and took admission in Maheshwari Senior Higher Secondary School, Jaipur, which is affiliated to the respondent Board. There she studied in XIth class and passed the examination. Then, she was admi.ted to XIIth class where she undertook her studies for whole of the year as a regular student. She filled up the Examination Form in time and was allotted Roll No. 002109 by the respondent Board. Her practical examinations were taken on 10th, 11th and 14th March, 1992. On March 17, 1992, her father received a letter from the Principal of the School intimating him that the petitioner would not be allowed to appear in Senior Higher Secondary Examination, 1992 of the respondent Board, as she had not secured prescribed 33% marks in the one subject of History, Civics and Geography. In writ petition No. 2521/92, the petitioner passed High School Examination in the year 1989 of the Board of Secondary Education, Madhya Pradesh, Bhopal, as a regular student of Kamla Nehru Girls Higher Secondary School, Indore. Thereafter, she took admission in XIlth class in Govt. Central Girls Senior Higher Secondary School, Ajmer in July, 1989 and passed XIth class in the year 1990. Then, she was admitted in XIth class in the same school where she continued her studies in the academic session of 1991-92. The Examination Form of Senior Higher Secondary Examination, 1992 of the respondent-Board wasfilled-up by her in time through the above school. But, the Assistant Director (Examinations) of the respondent-Board intimated to the Head Master of the School vide his communication dated 5.3.92 to cancel admission of the petitioner in XIth and XIlth class, as she did not secure prescribed 33% marks in the subject of Mathematics in the High School Examination. In writ petition No. 2660/92, the petitioner passed her High School Examination from the Board of Secondary Education, Assam, Gauhati in the year 1990, as a regular student of Sarupattiar Girls High School, Sarupattiar. Then, she came in Rajasthan and took admission in XIth class in the Govt. Radha Krishna Maru Girls Senior Higher Secondary School, Sikar, in the year 1991. There she passed XIth class and continued her studies in XII class in the same school. She filled-up the Examination Form for Senior Higher Secondary School Examination, 1992 of the respondent-Board, wherein, she was allotted Roll No. 250551. Subsequently, vide communication dated 19.2.92, the respondent-Board intimated to the Principal of the School that she was not eligible to appear in the examination as she had secured less than 33% marks in English subject in the Secondary School Examination. In writ petition No. 775/92, the petitioner passed Secondary School Examination, 1991 from C.B.S.E., New Delhi. Thereafter, he was admitted in class XI (Science-Biology) by the Principal, Govt. Upper Middle School, Bharatpur. This school is affiliated to the respondent-Board. On 13.12.1991, respondent No. 3 gave a letter to the petitioner, cancelling his admission in XIth class. This order of respondent No. 3 has been challenged in the present writ petition, which was filed on 17.1.92. The writ petition was admitted on 24.1.92 and the petitioner was allowed to attend the class; and, vide order dated 19.3.92, he was also allowed to appear in the examination of XIth class.
(3.) In all these petitions, the petitioners have prayed to issue a writ of mandamus to respondent-Board to allow them to appear in the Senior Higher Secondary Examination, 1992 and to quash its communications by which they were held to be ineligible to appear in the examination. They have also challenged the order cancelling their admission in XIth or XIIth class as the case may be.;