C.G. Board of Secondary Education vs Amit Kindo and Others

I.M. Quddusi, J.—Heard on IA No. 01, application for condonation of delay of 32 days in filing the appeal. On due consideration of the reasons assigned in the application for condonation of delay, it is allowed and delay in filing the appeal is condoned.

With the consent of the parties, the matter is heard finally at the admission stage itself.

This writ appeal has been filed against the impugned order dated 23.2.2011 passed by learned Single Judge in WP (c) No. 364/2011 whereby while disposing of the writ petition, the learned Single Judge has directed that if the petitioners submit their examination forms for appearing in further examination on the basis of their having passed Class-X examination earlier to 16.6.2009, their forms shall not be rejected by the Board on the grounds contained in order dated 25.9.2009 because the aforesaid order would not be relatable to the case of the petitioners.

Brief facts of the case are that, Chhattisgarh Board of Secondary Education/ appellant had been giving admission to the students, who have passed Class-X examination from the Board of Higher Secondary Education, Delhi (in short "Delhi Board"). However, subsequently the Delhi Board was de-recognized by order dated 25.9.2009 w.e.f. 16.6.2009 i.e. the 1st day of academic session 2009-2010 and the appellant took a decision not to give further admission to the students, who have passed Class-X examination from the Delhi Board, from onwards 16.6.2009.

The petitioners are students of Class-XII, they have cleared their Class-X examination in the academic session 2008-2009 from Delhi Board, which was, at the relevant time, duly recognized by the writ appellant. The petitioner took admission in Panchawati Higher Secondary School, Bilaspur, which was affiliated to Delhi Board and recognized by the writ appellant. Thereafter, the petitioners filled up their admission/examination forms at their school for appearing in Class-XII examination, which were forwarded to the writ appellant for affiliation and granting enrollment numbers to enable the petitioners to appear in the examination of Class-XII conducted by the writ appellant. However, the writ appellant returned those admission/examination forms of the petitioners on the ground that recognition granted to the Delhi Board has been cancelled by the writ appellant on 25.9.2009 w.e.f. 16.6.2009 i.e. 1st day of academic session 2009-10 and therefore, the petitioners are debarred from appearing in the examination of Class-XII conducted by the writ appellant.

Being aggrieved by the said action/order of the writ appellant, the petitioners preferred a writ petition before this Court, which was allowed by the impugned order and it was directed that if the petitioners submit their examination forms for appearing in further examination on the basis of their having passed Class-X examination earlier to 16.6.2009, their forms shall not be rejected by the Board on the grounds contained in order dated 25.9.2009 because the aforesaid order would not be relatable to the case of the petitioners.

Learned counsel for the writ appellant has contended that if the impugned order of the learned Single Judge is sustained, then de-recognition of the Delhi Board by the writ appellant would be of no consequence. He has further expressed his apprehension that the other students from outside the State of Chhattisgarh may get the benefit of the order passed by the learned Single Judge and may file certificates, obtained by hook or crook, of Delhi Board, which has been de-recognized by the writ appellant.

On the other hand, learned counsel for the respondents have supported the impugned order.

We have heard learned counsel for the parties and perused the material available on record, including the impugned order.

Admittedly, the petitioners have cleared their Class-X examination in the academic session 2008-09 from the institutes affiliated to Delhi Board, which was, at that time, duly recognized by the writ appellant. The petitioners took admission in Panchawati Higher Secondary School Bilaspur/ respondent No. 16. which was affiliated to Delhi Board, and pursued their studies in Class-XII. As such, they are regular students of the institutes recognized by the writ appellant and cannot be denied participation in Class-XII examination conducted by the writ appellant on the ground that recognition of the Delhi Board has been withdrawn w.e.f. 16.6.2009. In our opinion, the cases of the instant petitioners, who were regular students of the institutes recognized by the writ appellant, are distinguishable from others. Therefore, we dispose of this writ appeal with a direction to the writ appellant to recognize the appearance of the petitioners, who were regular students of Class-XI and XII in the institutes recognized by the writ appellant, and further, consequential action shall be taken treating them having validly appeared in the studies and courses in Class-XI and XII.

No order as to costs.