V PREETHAM Vs. SECRETARY BOARD OF INTERMEDIATE EDUCATION

JUDGEMENT

(1.) The appeallant is a student of Intermediate. He joined the Course in 1999. In his first year examination during March/ April, 2000, he failed in two subjects. He continued his second year course and appeared for the second year public examination conducted by the first respondent in March/April 2001. The results were declared. He failed in four subjects of second year. It appears he also appeared for two subjects of first year in which he failed along with second year papers and he could pass only one paper of first year. Therefore, factually the appellant is yet to pass one paper in first year and four papers in second year examinations.

(2.) The Board of Intermediate Educationconducts an instant examination immediately after announcement of the results apart from regular supplementary examination. The system of advanced supplementary examination was introduced with a view to save one academic year for the students who failed in the examinations. On 6-6-2000 when the results were announced the first respondent issued a press release in relation to advanced supplementary examination of July 2001 (instant examination). As per the press release the following candidates were declared as eligible for instant examination to be held in 2001.

(3.) The last date for submission ofapplication forms for the instant examination was 15-6-2001 and examinations were to be conducted from 2-7-2001. The appellant approached the fourth respondent, the Principal where the petitioner studied and offered to pay fees for instant examination. But, the fourth respondent refused to accept the application and fee allegedly on the ground that the appellant failed in one paper of first year and four papers of second year and therefore he is not eligible to appear for the instant examination.