BOARD OF HIGH SCHOOL AND INTER MEDIATE EDUCATION U P Vs. KUMARI CHITRA SRIVASTAVA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Allahabad High Court whereby it allowed the writ petition filed by the respondent, Kumari Chittra Srivastava, hereinafter referred to as the petitioner, and quashed the impugned order but left it open to the Board to High School and intermediate Education, hereinafter referred to as the Board, to reconsider the case after giving the petitioner a chance to offer her explanation.

(2.) The facts are not in dispute and the only question which arises is whether in the circumstances the petitioner was entitled to an opportunity to represent her case before the Board prior to the passing of the impugned order.

(3.) The relevant facts in brief are these. The petitioner was in 1959-60 session a student of Basant Girls Intermediate College, Varanasi. She appeared at the Intermediate examination in 1960 but failed. She then joined the Government Inter College for Girls at Jaunpur. Her name was sent up for Intermediate examination to be held in 1961 by the Principal. She appeared in the examination but her result was not declared by the Board. On May 24, 1961, the Board addressed a letter to the Principal making enquiries regarding the attendance of the petitioner. According to the regulation framed by the Board no candidate can be presented for the Intermediate examination unless he/she has attended during two academical years 75% of lectures given in each subject in which the candidate is to be examined. In the case of failed candidate, like the petitioner the percentage shall be calculated for one academical year, but Regulation 5 (xiii) enables the head of a recognized institution to condone the deficiency in certain cases. This regulation reads :