- (1.) The appellant Central Board of Secondary Education (for short 'the Board') having its regional office at Ajmer has come up in second appeal before this Court against the judgment and decree of the First Appellate Court dated 13th February, 1995 (ADJ No. 3, Jaipur), whereby the First Appellate Court reversed the judgment and decree dated 27th August, 1994 passed by the Addl. Civil Judge (Junior Division) and Munsiff Magistrate No. 1, Jaipur District, Jaipur in Civil Suit No. 11/94 (42/92).
(2.) The facts giving rise to the filing of this appeal, briefly stated, are that the respondent-plaintiff who is a student of Tagore Public School, Shastri Nagar, Jaipur, had filed a suit for permanent injunction in the Court of Addl. Court Judge No. 1, Jaipur contending inter alia, that he had pursued the requisite course of study in the aforesaid school for appearing in the examination of Class-XII to be conducted by the Board. It was pleaded in the suit that he had been regularly attending the classes and had completed 145 days of regular attendance for appearing in the said examination as against the requirement of 161 days and the attendance was about 80% as per the record of the school, therefore, he should be accorded necessary permission for appearing in the said examination as the same was denied to him by the defendants. It was further contended by the respondent-plaintiff that the school authorities were in possession of all the records including the Attendance Register, which would justify the fact that he had attended the classes regularly and was thus eligible for appearing in the examination of Class-XII conducted by the Board in the academic year of 1992. The appellant- defendant contested the suit by filing the written statement before the trial Court on the ground, inter alia, that since the plaintiff did not fulfil the requisite criteria of having secured the minimum attendance of 75% as required by the school-defendant No. 1, therefore, the plaintiff was not eligible to appear in the ensuing examination. As per the contention advanced by the appellant, against the requirement of 161 days of total attendance, the plaintiff had attended only 145 days and the relaxation which could be granted as per rules was to the extent of 15% of the total attendance only. It was further contended that if this relaxation is allowed then the plaintiff meets the criteria of having completed 80% of the total attendance for being declared eligible for appearing in the said examination. The trial Court framed 3 issues, namely, (1) Whether the plaintiff being short of attendance was eligible to appear in the Board's examination for Class-XII and whether in view of this he is entitled to declaration of the results provisionally during the pendency of the suit and whether the final result should not be declared? (2) Whether the plaint was not maintainable in the absence of necessary parties i.e. defendants Nos. 1 and 2 i.e. Tagore Public School, Jaipur and Principal, Tagore Public School, Jaipur? (3) To what relief the plaintiff is entitled?
(3.) With regard to issue No. 1 it was contended before the trial Court by the learned counsel for the parties that the concerned diary which contains requisite entries in respect of the attendance of the candidate is in possession of the plaintiff and, therefore, he alone can verify the position of having attended the minimum days required for being eligible to appear in the said examination. Hence the trial Court was of the view that the onus to discharge his burden was on the plaintiff and since he had failed to discharge the onus, this issue was decided against him.;