PREM SHANKER ASOPA, J. - (1.) BY this writ petition, the petitioner is seeking an appropriate writ, order or direction to the respondent No. 4 to issue the eligibility certificate to the petitioner of Class -XI and further the petitioner be allowed to appear in Class -XII examination of ISC -2009.
(2.) IT is also pertinent to mention here that by virtue of interim orders of this Court, the petitioner has been allowed to appear in Class -XI and presently, she is continuing her studies in Class -XII and further on 16.2.2009, an application to allow the petitioner to appear in the practical examination of Class -XII was filed along with prayer to issue the eligibility certificate for appearing in the final examination of Class -XII of ISC -2009. On the last but two working days i.e. 20.2.2009 final arguments were heard and the judgment was reserved. Briefly stated, the relevant facts of the case are that the petitioner is presently student of Mayo College Girls' School, Ajmer which is affiliated with the Council for the India School Certificate Examinations (in short 'the ISC'). After passing IXth standard from the said School, the petitioner could not cope with the studies of Xth Class due to health reasons and opted to give examination from the National Institute of Open Schooling (in short 'N.I.O.S.') and the Rajasthan State Open School (in short 'R.S.O.S.'), respondents No. 2 and 3 respectively and passed out her examination of Class -X in April, 2007 (Anx.2). Thereafter, she again sought admission in XIth Class in the Mayo College Girls' School, Ajmer, which is affiliated with the I.S.C. and the said course of Class XI started from 13.7.2007. On 12.9.2007, the I.S.C. informed the Principal, Mayo College Girls' School that out of the five subjects offered by the candidate at Class -X examination of N.I.O.S. in April, 2007 (Anx.2), the Council does not accept 'Word Processing' as one of the subjects for the purpose of admission in Class -XI of the I.S.C. (12), hence, the above mentioned candidate cannot be admitted to Class -XI of I.S.C. (12) on account of not fulfilling the eligibility criteria of I.S.C.
(3.) ON 19.9.2007, the Principal of the Mayo College Girls' School wrote a letter to the I.S.C. referring the entire facts with the further mention of the fact that the Open School caters to the need of the candidates who are unable to cope with the rigor of the syllabus and he understood that the Open School Certificate is accepted by all Boards. In the end, he mentioned that he would be most grateful if the Council could possibly help the petitioner who otherwise will have to waste the academic year which would have certainly adverse effect on her. He further stated that he made bold to send the request knowing that the Council has a tradition of being student friendly, with the further mention that he looked forward to hearing from the Council.;