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2001 DIGILAW 1194 (SC)

Bhavnit Singh Bhuttar v. Central Board of Secondary Education

2001-07-27

A.S.ANAND, BRIJESH KUMAR, K.G.BALAKRISHNAN

body2001
ORDER : 1. Leave granted. 2. Both these appeals are being disposed of by this common order. 3. On being debarred to appear in the final examination of XIIth class for allegedly not clearing Chemistry paper at Class XI examination, the appellant, through his mother, filed a writ petition, being C.W.P. No. 18023/1999 in the High Court of Punjab & Haryana. That writ petition was dismissed on 24.1.2000 by the following order :- "In response to a specific question put to learned counsel for the petitioner, she candidly admits the petitioner did not pass in the Chemistry paper of Class XI examination held in March, 1999 and further he has not cleared the same even till today. In view of the statements made by the learned counsel for the petitioner at the bar, it appears to us that the petition is misconceived and is dismissed as such." 4. The appellant, thereafter, filed a review petition in the High Court stating that no admission had been to the effect that the concerned student had not passed his Chemistry paper of Class XI examination held in March, 1999 in the counter affidavit. The review petition was, however, dismissed observing as follows :- "Perusal of the statement made in paragraph 3 of the said affidavit clearly brings out the admission that the petitioner has not cleared chemistry examination for class XI". 5. We have perused the affidavit filed by the mother of the student (appellant herein) and particularly paragraph 3 thereof. In our opinion, no such admission can be said to have been made by the deponent in the affidavit and a reading of the affidavit in its entirety shows that it has consistently been deposed that the student had never been asked to clear Chemistry paper of Class XI. In our opinion, therefore, non-suiting of the appellant on the grounds stated in the impugned orders was not at all proper. The impugned orders under the circumstances cannot be sustained and we, hereby set aside the same. 6. Normally, we would have been inclined to remit back the writ petition to the High Court for its fresh disposal on merits in accordance with law. We, however, find that the appellant by virtue of an order made by this Court was permitted to appear in Class XII examination of the Central Board of Secondary Education (for short 'C.B.S.E.'). 6. Normally, we would have been inclined to remit back the writ petition to the High Court for its fresh disposal on merits in accordance with law. We, however, find that the appellant by virtue of an order made by this Court was permitted to appear in Class XII examination of the Central Board of Secondary Education (for short 'C.B.S.E.'). We are further informed by learned counsel appearing for the respondent-school as well as the C.B.S.E. that the appellant has since been declared successful in Class XII examination, conducted by the C.B.S.E. but his result has been declared provisionally on account of the pendency of the special leave petitions in this Court. 7. In the peculiar facts and circumstances of the case with a view to do complete justice between the parties, we do not think it proper at this stage to remit the matter to the High Court for fresh hearing of the writ petition. We, therefore, direct that the result of the appellant of Class XII examination conducted by the C.B.S.E. which has been declared provisionally should be now declared as the final result. 8. We, however, wish to clarify that we are not expressing any opinion on the factual or legal pleas raised either in the writ petition or the counter-affidavits filed by the school and the C.B.S.E. 9. The appeals are disposed of with the above observations. No costs.