Preeti Rani vs Board of Secondary Education

Heard.

The grievance of the petitioners in this petition is that they appeared in practical examination of D.Ed. II year course as regular students, however, the respondent No. 1, Board in the mark sheet issued to the petitioners, shown the petitioners absent. Consequently, the petitioners were declared fail.

The petitioners were admitted in D.Ed. two years course at S.P.S. Academy Fatehpur Road, Shivpuri in the academic session 2009-10. They passed first year examination and thereafter appeared in the second year examination as regular students. Their result was not declared, then they filed a writ petition before this court. It was registered as W.P. No. 1211/2012 and was disposed of vide order dt. 21.6.2012 with the following directions:-

After hearing learned counsel for the parties at length, this petition is disposed of with a direction that if the petitioners deposit requisite fee alongwith late fee charges within a period of two weeks, their result shall be declared by the respondent No. 1.

With the aforesaid direction, this petition stands disposed of.

In pursuance to the directions issued by the court, the respondent Board issued the mark sheets of the petitioners of second year examination of D.Ed. course, however, in the mark sheet it is mentioned that the petitioners were absent in the practical examination, however, the petitioners were present in the practical examination. The Principal of the Institution, from where the petitioners appeared in D.Ed. second year examination, certified that the petitioners appeared in the practical examination and they received marks. Their marks were also sent to the respondent No. 1 Board.

Respondent No. 1 Board in its reply submitted that it had not received the practical marks of the petitioners, that''s why they were shown in the mark sheet as absent. The petitioners did not submit proper application within a period of 120 days from the date of examination and thereafter the answer sheets of the petitioners were destroyed by the Board in accordance with the rules.

In the present case, the petitioners have categorically stated that they appeared in the practical examination conducted by the respondent No. 3. Respondent No. 3 also verified that it had sent marks received by the petitioners in the practical examination, to the respondent Board, in spite of that in the mark sheet issued by the Board the petitioners have been shown absent in the practical examination.

In this view of the matter, the petition is allowed. Respondent No. 3 is directed to send marks of the petitioners obtained by them in the practical examination to the respondents No. 1 and 2 within a period of two weeks and thereafter the Board shall issue fresh mark sheet to the petitioners adding the practical marks received by the petitioners in the practical examination in accordance with the record of respondent No. 3. The order be complied with within a period of four weeks.

No order as to costs.