M.N. Bhandari, J. - (1.) HEARD on the application for recall of the order dt. 13.12.2010, by which the writ petition was dismissed as withdrawn. The petitioner is one, who was not permitted to appear in the Senior Secondary Examination, 2010, as it was undertaken after a gap of more than one year. As per Rules, it is not permissible to undertake Senior Secondary Examination after a gap of one year. The petitioner however appeared in the examination pursuant to the interim order passed by this Court but without creating right or equity in his favours. The writ petition was finally dismissed as withdrawn. Accordingly, the respondents passed a detailed order holding the petitioner to be ineligible to undertake the Senior Secondary Examination after a gap of one year. It is as per the Rule referred by the respondents, which is quoted here under: - -
(2.) AS per the Rule aforesaid, permission to appear in the examination is in the succeeding year only and it is not permissible to appear again in the same examination if the qualification is obtained from other Board/University. In view of the rider in the Rule quoted above, the petitioner was not entitled to reappear in the examination of Senior Secondary after a gap of one year. Taking into consideration the Rule aforesaid, this Court cannot issue direction to the respondents to allow the petitioner to appear in the Senior Secondary Examination after a gap of one year, as it would be hit by Rule.
(3.) IN the background aforesaid, I do not find that there was any merit in the writ petition. The interim order passed by this Court does not create any right or equity. The appearance to senior Secondary Examination after a gap of one year would be in violation of the Rules, accordingly, even if the order dt. 13.12.2010 is recalled, there is no merit in the writ petition. In view of above, the application for recalling of the order is dismissed by giving reasons on the merit of the petition.;