CWP No. 162 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 162 of 2010(O&M) Decided on : 19-01-2011 Raj Pal ....Petitioner VERSUS Central Board of Secondary Education and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Parminder Singh, Advocate for petitioners Mr.Aseem Aggarwal, Advocate for respondents no.1 and 2. MAHESH GROVER, J The petitioner prays for issuance of writ in the nature of Certiorari quashing the order dated 17.12.2009 vide which the respondents have declined to issue Roll No for examination of Class 10+2 to the daughter of the petitioner on the ground that she had failed to clear 10th class examination in time and thus her candidature was disabled on account of bye law 42(vi). The case of the petitioner is that his daughter Deeksha had taken her 10th Class examination held in March, 2008 conducted by the Board of School Education, Haryana. She got a re-appear in Mathematics which examination she cleared in the first chance which was given to her in the supplementary examination held in September, 2008, the result of which was declared in December, 2008. In the meantime, she was provisionally admitted to Class XI and cleared her exams in March, 2009. When she CWP No. 162 of 2010(O&M) 2 wanted to appear for examination of 10+2 her candidature has been withheld and she has been refused the permission to take the examination for 10+2 on the ground that the regulations provide that there has to be difference of two years between the taking of examination of Class 10th and 10+2 class as per bye law 10.1 which is extracted herein:- “A candidate for All India/Delhi Senior School Certificate Examination should have: (a) passed the Secondary School Examination (Class X) of this Board or an equivalent examination from any other recognized Board/University at least two years earlier than the year in which he/she would take Senior School Certificate Examination (Class XII) of the Board; and (b) secured a grade higher than E in each of the subjects of Internal assessment at Secondary School Education (Class X) referred to at (a) above.” The case of the daughter of the petitioner is that according to bye law 42(vi) she was entitled to take one chance by appearing in the supplementary examination to clear her 10th class which examination ordinarily was to be conducted by the Board of School Education, Haryana in July/August of the particular year in which the examination for the main class are conducted but the examination itself was conducted in the month of September, 2008 and the result was declared in December, 2008 and for this reason on account of the delay caused by the Board of School Education, Haryana, the petitioner's daughter cannot be burdened or fastened with any disadvantage. Rule 42 (vi) is also extracted hereunder:- “Compartment Examination for Secondary/Senior School CWP No. 162 of 2010(O&M) 3 Certificate examination (i)xxx (ii)xxx (iii)xxx (iv)xxx (v)xxx (vi) The candidate who is placed in Compartment in the Secondary School Examination (Class X) shall be admitted provisionally to class XI till he takes in first instance Compartmental Examination to be held in July/August of tht year. His/her admission shall be treated as cancelled if he/she fails to pass at the first chance Compartmental Examination.” (Rule amended in the Examination Committee's meeting of 21.1.2002 and approved by the Governing Body at its meeting held on 9.5.2002.)” The case of the respondents is edging on the lines of the grievance of the petitioner i.e that (i)his daughter passed her 10th class examination in 2008 and thus the difference between taking of 10th class examination and 10+2 class examination is less than 2 years. (ii)They have also refuted the claim of the petitioner that his daughter had earned only one compartment and have stated that she has actually failed. There is however no material to suggest that the daughter of the petitioner failed in the examination. CWP No. 162 of 2010(O&M) 4 I have heard learned counsel for the parties in the backdrop of the respective grievances that have been raised before this Court and I am of the considered opinion that the petition deserves to succeed. The primary objection of the respondents is based on bye law 10.1 which contemplates that a candidate for All India Senior School Certificate Examination should have passed the secondary school education (Class 10th) of the Board (respondents) or an equivalent examination from any other recognized Board/University atleast two years earlier than the year in which she/he would take Senior School Certificate Examination (Class 10+2)of the Board. If the facts of the case are to be seen then it is not disputed that the daughter of the petitioner took her 10th class examination in March, 2008 and earned a compartment in the subject of Mathematics which she was required to clear by taking the supplementary examination and which was to be conducted by Board of School Education, Haryana in July/August of the same year i.e. 2008. The examination was however conducted in the month of September 2008 and the result thereof was declared in December, 2008. The petitioner cleared the examination in the first chance and also cleared her XI class examination as well held in the month of March, 2009. The supplementary examination conducted in month of September, 2008 would necessarily relates back to the original examination held in March 2008 and it cannot be said that the interpretation sought to be given to this clause by the respondents that difference of two years would be construed from the date of passing of such an examination and such passing of examination shall be construed to be the date in which the petitioner clears her supplementary exams as well. The positive conclusion of the CWP No. 162 of 2010(O&M) 5 supplementary examination (Class 10th) would ordinarily be taken to be March, 2008 when the petitioner appeared for the main examination. This interpretation to the mind of the Court seems to be justified as the essence of bye law 10.1 also seems to be that a candidate should have completed the course of secondary school (10th class) in its entirety by putting in complete one year which is the requisite and thereafter putting another year for Class XI so as to enable to participate in the examination for class 10+2. The daughter of the petitioner is thus held to be qualified so as to take her examination for Class 10+2 and cannot be said to be disabled on account of restrictive interpretation sought to be placed by respondents on bye law 10.1. Moreso, when clearly the daughter of the petitioner had cleared her examination in the very first attempt in complete satisfaction to bye law 42(vi). The Hon'ble Supreme Court in Central Board of Secondary Education and another vs. Gaurav Mishra and others 2000(9) SCC 530 has also observed likewise. Hence, the instant writ petition is allowed and since the daughter of the petitioner has already taken the examination and the result having been declared, the respondents- CBSE shall issue the necessary certificate to her holding her to have successfully completed her senior secondary school education certificate. January 19, 2011 (Mahesh Grover) rekha Judge