- (1.) The petitioner, who is a student, has filed this petition in July, 1997 and prayed that the respondents be directed to declare his result of Senior Secondary Examination held in November, 1995 and issue him correct, true and relevant marks-sheet of the said Examination.
(2.) Reply-affidavit has been filed in this case on behalf of the respondents Nos. 2 and 3, wherein several contentions have been raised. One of the foremost contentions raised by the learned counsel Mr. Mehta, for the respondents Nos. 2 and 3, at the time of hearing of this petition, was that the petitioner-student deposited the fees late, i.e., 28-11-95, after the Examination commenced on 20-11-95. Thus, the submission was that from the very threshold, the petitioner-student was not entitled or eligible to appear in the Examination, therefore, there is no question of declaring his result. It was also submitted by the learned counsel Mr. Mehta for respondents Nos. 2 and 3 that two important conditions required under the Rules are not fulfilled by the petitioner in this case; (1) that the name of the petitioner was not included in the list of the candidates supplied by N.O.S., and (2) the petitioner was never given permission to appear in the Examination. Mr. Mehta submitted that the petitioner appeared in the Examination at the Respondent No. 1's school, which is the Centre for Examination, merely on the strength of his enrolment, which was not sufficient. He, therefore, submitted that the petition should be dismissed.
(3.) Before appreciating the aforesaid contentions raised by the learned counsel Mr. Mehta, for Respondents Nos. 2 and 3, it must be stated that on 12-8-99, statement of Mr. Mehta was recorded that he will produce the result of the petitioner before this Court on 13th September, 1999. However, the same could not be produced, because of some misunderstanding on the part of the respondent No. 2, therefore, on 14th September, 1999, the Respondents Nos. 2 and 3 were directed to produce the result of the petitioner-student on 5th October, 1999, i.e., today. Accordingly, learned counsel Mr. Mehta has produced the result of the petitioner-student in a cover which was opened in presence of both the learned counsel for the parties Mr. Trivedi for the petitioner and Mr. Mehta for respondents Nos. 2 and 3. It is dated 1-9-99. Strictly speaking, it is not a result, but a sort of certificate issued by the Deputy Director (Examination), National Open School, which reads as under :- NOS/ABC/N95 01-09-1999 To Whom It May Concern. This is to certify that Shri Awadhesh Khokhar bearing Roll No. 170543147 is a student of National Open School and appeared in the National Open School Examinations conducted in November, 1995 for five subjects. The details of subjects appeared and marks obtained may be seen as under : @@Subject Marks out of (100) 302 English 47 P 319 Commerce 68 P 323 Type Writing (English) 67 P 301 Hindi 38 P 320 Accountancy 33 P Total 253 Result Pass @@ Deputy Director (Examination);