JUDGMENT 1. :- Whether the Board of Secondary Education for Rajasthan (hereinafter referred to as the "Board") is justified in not conducting the examination in the subject-Bengali although it is one of the subjects included in the Syllabus of the Board is the question which arises for consideration by this Court in this writ petition. The circumstances giving rise to this dispute emerged when the petitioner Miss Maithilee Biswas filled in the form for appearing in the Annual Secondary School Examination, 1997 after completing the course for Class Xth from Central Academy, Gopalpura, Jaipur after migrated from Delhi to Jaipur on account of her family circumstances and took admission in Class Xth in Central Academy, Gopalpura at Jaipur. 2. According to the Board of Secondary Education for Rajasthan a student has to opt IIIrd Language for Secondary Examination apart from Hindi, English and other subjects. Unfortunately, Central Academy, Gopalpura, Jaipur the school in which the petitioner took admission was not conducting any course in Bengali subject, nor had sought permission from the Board allowing the petitioner to study and appear in the Bengali paper, which was a mandatory requirement as per the rules of the Board. However the petitioner was allowed to continue with the study of Bengali as a IIIrd language at her own risk which the petitioner preferred to pursue. After completion of the course of Class Xth, she filled in the form for taking the examination of Class Xth and she duly mentioned in the relevant column that she opted Bengali as a IIIrd language. The Admission Card thereafter was issued to the petitioner by the Board of Secondary Education for Rajasthan, Ajmer. The petitioner took the examination in all the compulsory as well as optional subjects but a deadlock was created in her way before completing the examination when the Board refused to conduct the examination of Bengali paper which had been opted by the petitioner as a IIIrd language. A plea was taken on behalf of the Board that as the Board is not conducting any examination for Bengali and has never before conducted any examination for this paper, it would be impossible for the Board to allow the petitioner to appear in Bengali paper even though it is a subject duly included in the syllabus in which the Board was to conduct the examination. Therefore, the petitioner was compelled to move this Court by filing this writ petition. 3. On an ex-parte hearing of the matter, an order was passed by a co-ordinate Bench of this Court on 4.3.1997 whereby the petitioner was provisionally allowed to appear in the examination in Bengali subject as a third language, with a further direction not to declare the result of the petitioner without an order passed by this Court in her favour in the writ petition. The petitioner however, inspite of the said order of this Court dated 4.3.97, could not take the examination of the Bengali Paper as no examination was being held for the said paper. This gave her a further cause to move this Court by way of filing a contempt petition, which after service of show cause notice, has also been posted before this Court as they pertain to one and the same issue. 4. Mr. Ajay Rastogi, learned counsel for the Board of Secondary Education has seriously objected to the petitioner's obtaining the ex-parte order from this Court and has alleged that the relevant fact was not brought to the notice of this Court that the Board does not at all conduct any examination in Bengali paper and it is not having any infrastructure viz., papers setters/examiners in the Bengali subject and hence, the order was obtained by suppressing material fact from the Court. It has also been submitted that according to the Rules of Board of Secondary Education for Rajasthan Ajmer the school where the candidate (petitioner) had been studying should not have permitted her to continue with the study of Bengali subject as it was mandatory for the said school to apply before the Board before allowing the candidate (petitioner) to continue with the study of Bengali subject. 5. The petitioner's Advocate Mr. R.K. Mathur however, has relied on Chapter 18 of the Syllabus of the Board of Secondary Education in this connection wherein, it has dearly been laid down that the Board of Secondary Examination shall consist of Hindi, English and other language and thereafter two categories have been mentioned therein. In Category A, the subjects have been specified for which the Board is conducting the examination for Secondary Examination which includes, Sanskrit, Urdu, Sindhi, Bengali etc. and in Category B, subjects have been mentioned in which examination is not conducted. 6. In Category A, the subjects have been specified for which the Board is conducting the examination for Secondary Examination which includes, Sanskrit, Urdu, Sindhi, Bengali etc. and in Category B, subjects have been mentioned in which examination is not conducted. 6. From a perusal of this provision, it dearly emerges that according to the Syllabus of the Board, Bengali is already mentioned as one of these subjects prescribed by the Board in its Syllabus in which the examination was to be conducted. It is no doubt true that the school in question where the petitioner had been studying was required to take the permission from the Board before allowing the petitioner to continue with the Bengali paper but, the fact remains which goes in favour of the petitioner which is that the Board itself issued admission card to the petitioner for taking the Secondary Examination and it was dearly indicated in the form that the petitioner had opted Bengali paper as a third language. I am therefore of the opinion, that when the Board itself included in the syllabus that one of the subjects was Bengali in which the Board conducts the examination, no plea can be allowed to be raised before this Court that the Board does not conduct the examination in Bengali. In so far as the plea that the school did not apply to the Board before allowing the petitioner to continue with the Bengali paper, is a separate issue in between the Board and the school. But in so far as the taking of examination of the Bengali paper is concerned, it is incumbent on the Board to conduct the examination in the Bengali paper in view of the fact that according to the syllabus itself the Board is duty bound to conduct the examination in Bengali paper. But in so far as the taking of examination of the Bengali paper is concerned, it is incumbent on the Board to conduct the examination in the Bengali paper in view of the fact that according to the syllabus itself the Board is duty bound to conduct the examination in Bengali paper. I may also add herein, that it is unfortunate that this dispute has cropped up in a time when an endeavor is being made to promote all the regional languages and a language which has a rich literature and heritage and is recognised as a regional language should not be allowed to be ignored by entertaining a plea that since the shool did not seek permission before allowing the petitioner to take Bengali paper, the Board could not be directed to conduct the examination in Bengali paper losing sight of its own Syllabus which admits of holding of examination in Bengali subject. In view of this, even if one student has opted Bengali paper as a third language as per the Syllabus of the Board itself, I find no reason why the Board should be allowed to be adamant by stating that it cannot conduct the examination in Bengali paper as it does not have such facility. The plea that the school ought to have sought permission from the Board before allowing her to continue with the study of Bengali paper is also devoid of substance for the Board itself issued the admit card to the petitioner for taking the examination in Bengali paper which is in conformity of its Syllabus itself. Hence, the Board ought to have made arrangements for holding the examination also in Bengali. 7. We are well aware that there are compelling circumstances when a student has to migrate from one State to another and the petitioner is one such student who had to migrate from Delhi to Jaipur at a late stage when she had already studied Bengali as a third language for several years and hence, in my opinion, it is too much to expect that she should switch over to Sanskrit or Sindhi or any other language with which she is not familiar, merely for the reason that the Rajasthan Board is unable to hold examination in Bengali paper completely missing that it is the duty bound to hold the examination in Bengali even as per its Syllabus. The plea that all these years no student had opted Bengali giving the Board a reason not to hold examination in Bengali, is too feeble a reason to be entertained by this Court. Thus, taking into consideration the background of the matter and the totality of the circumstances, I deem it just and proper to direct the Board of Secondary Education, Rajasthan, Ajmer to make arrangements for holding the Examination of Bengali paper in which the petitioner shall be allowed to appear in the Bengali paper for lass Xth in the supplementary examination of 1997 after which, her result shall be declared by the Board without obtaining any further order from this Court. It is further clarified that since the petitioner would be taking the Bengali paper under the special circumstances of this Court, she will not be treated as a candidate of the supplementary examination of Secondary Education, 1997 but would be eligible for the certificate of Secondary as per the Annual Examination of 1997. 8. The writ petition accordingly stands allowed, but in the circumstances without cost. In view of the averments of the Board in this writ petition a lenient view in the matter of contempt is taken by this Court and accordingly the contempt petition is dismissed.Writ Petition Allowed contempt Petition Dismissed. *******