CW 2371/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.2371/2008 Om Laxmi Bal Mandir Sr. Secondary School Versus State & Anr. Date of Order ::: 18/03/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Sandeep Pathak, for petitioner-Institution Mr. Prahlad Singh for respondent No.2 Mr. Chetan Bairwa, Addl.Govt. Counsel for respondent State Matter has come up on application seeking declaration of result of participation of the student who appeared under order dt.11/03/08 of this Court in Class XII (Senior Secondary). At joint request, matter has been finally heard and is being disposed of at admission stage. Petitioner – Om Laxmi Bal Mandir Sr. Secondary School, of which Manoj Kumar Malvi is also one of students studying in Class XII (Senior Secondary), has approached this Court by way of instant petition with the grievance that examination forms of six students were sent to the Board of Secondary Education (respondent No.2), and while forms of others were accepted, form of Manoj Kumar was rejected by the Board without assigning cogent reasons. However, vide order dt.11/03/2008, this Court directed respondent-Board to allow Manoj Kumar Malvi to appear in examination of Class XII CW 2371/08 //2// scheduled to commence from 13/03/08 and his result has not been declared because of orders of this Court. Counsel for petitioner submits that when all other forms of students sent by institution (petitioner) were accepted by the Board, there is no justification to deprive one of students (Manoj Kumar) who in no manner can be said to be defaulter. Counsel further submits that even though the student has not come forward for his grievance, but it is bounden duty of institution that those students having undergone their studies in their institution must get fruits of their labour which they have put in, for preparing themselves to appear in examinations held by the respondent Board. In its reply, respondent-Board inter-alia averred that petitioner institution was not recognised by the Board but in para 6 it has also been averred that forms of four students of petitioner institution were received by the Board within time and roll numbers were issued to them; but so far as form of student (Manoj Kumar Malvi) of petitioner-institution was received by the Board after last date and accordingly h was not permitted to appear in the examination of Class XII, 2008. CW 2371/08 //3// Respondent State has also filed reply supporting the contention of the respondent Board and both, Government Counsel for State and for the Board jointly submit that the institution was not recognised and that being so, the Board has rightly not permitted the student, for whom institution has come forward by way of instant petition, to appear in examination of Class XII, 2008. I have considered contentions of Counsel for parties and with their assistance, examined the material on record. As regards contention raised by Counsel for respondents about recognition of petitioner-institution, which is not the question raised before this Court to examine. The issue raised herein is to was there is any legal justification for the Board to reject form of Manoj Kumar Malvi while other students who were also students of petitioner-institution were permitted by the Board to appear in examinations of Class XII, 2008. Only reason having come forward so far is that form of Manoj Kumar Malvi was received after last date. Suffice is to say that there cannot be said to be any fault of student (Manoj Kumar) in sending form to the Board or to the Nodel officer who was appointed as an officer to receive form on behalf of the Board. CW 2371/08 //4// Ultimate fact is that student has suffered on account of inaction on the part of the institution or the Board, as the case may be. That apart, form of Manoj Kumar was also sent alongwith other students of petitioner institution, whose forms were received and to whom roll numbers were allotted by the respondent Board. It is not the case of the Board that the student was not eligible to appear in the examination of Class XII 2008. Consequently, writ petition succeeds and is hereby allowed. Respondent-Board is directed to declare result of student (Manoj Kumar Malvi) who appeared in Class XII (Senior Secondary) examination, 2008 under orders of this Court, within two weeks from the date of receipt of certified copy of this order. No costs. (Ajay Rastogi), J. K.Khatri/p4/2371CW08Mar18.doc