Judgment Ashutosh Mohunta, J. 1. This petition under Articles 226/227 of the Constitution of India is for quashment of order dated February 5, 2002, passed by respondent Nos. 1 and 2. vide which the petitioners were restrained from appearing in the Matriculation Examination of the Harayana School Education Board. Bhiwani (for short the Board) to be held in March 2002, by withholding their roll number slips on the ground of non-availability of their enrolment numbers. A prayer has also been made for allowing them to appearing in the Matriculation Examination of the Board. 2. Initially 45 petitioner had filed this petition. However, later on petitioner Nos. 1, 3 to 17, 19, 21, 22, 24 to 26, 28, 29, 33, 34, 38 to 40 and 44 were permitted to withdraw the writ petition vide order dated August 27, 2002 passed by Honble Mr. Justice N.K. Sud. Now the petition remains on behalf of rest of the petitioner. i.e., petitioner Nos. 2, 18, 20, 23, 27, 30 to 32, 35 to 37, 41 to 43 and 45. 3. The petitioners passed the 9th Class Examination from Shine Star Public School. Gurgaon, which was alleged to be affiliated to All India Board of Secondary Education, Delhi. The said Board has allegedly been declared bogus by the University Grants Commission and other Government Bodies. After getting the School Leaving Certificate from the Shine Star Public School and the transfer certificate, which was countersigned by the All India Board of Secondary Education, Delhi, the Petitioners were enrolled by the Happy Child High School, Khor (Gurgaon), in the 10th Class. The said school is affiliated to the Harayana School Education Board, Bhiwani. On September 6, 2001 the Principal of the School received the enrolment numbers in respect of the petitioner also received the roll numbers and were allowed to appear in practical examination of the Board. However, the petitioner were not allowed to appear in the theory examination which was to commence with effect from March 20, 2002. The Board issued letter dated February 5,2001 (Annexure P3) withholding the roll number slips of the petitioner on the ground of non-availability of enrolment numbers. 4. The main objection of the respondents is that since the petitioner had not passed the 8th and 9th Class Examinations from the recognised Board/Institution, therefore, they were not eligible for appearing in the X Class Examination of the Haryana School Education Board. 4. The main objection of the respondents is that since the petitioner had not passed the 8th and 9th Class Examinations from the recognised Board/Institution, therefore, they were not eligible for appearing in the X Class Examination of the Haryana School Education Board. In support of their contention, reliance has been placed on Regulation 4 of the Board, which deals with eligibility for enrolment. The same is reproduced as under:- 5. Eligibility for Enrolment: (a) The students admitted to 9th Class in Govt./Private institutions recognised by the Govt. affiliated to this Board within the stipulated period of admission as prescribed by the Govt., Board from time to time. (b) The students admitted to 10th. 11th, 12th classes, who have not been enrolled earlier on account of any valid reason, i.e., admitted on account of any valid reason, i.e., admitted on account of migration from other State, institution, affiliated to other Boards or have passed Matriculation Examination as a Private candidate or failed candidates of Matriculation Examination, who have not been enrolled earlier and subsequently admitted to 10th class in an institution. (c) The students who on migration from other States/ Board/ Institutions affiliated to other Boards have been admitted as regular students in Govt./ Private institutions recognized by the Govt./affiliated to the Board within prescribed dates of admission of within fifteen days from the date of issue of school leaving certificate. The Head of the institution shall furnish the enrolment-return along with prescribed fee of such candidates, to the Secretary, Board of School Education, Haryana, Bhiwani, within fifteen days from the date of admission in the institution. 6. Note: 1. It is obligatory on the part of the Head of the institution to get all the students of 9th class enrolled with the Board. 2. The Head of the institution shall furnish a certificate that the students shown in the enrolment return except the students admitted on the basis of migration, have been studying the institution right from the start of the academic session. 3. The students who have already been enrolled need not be enrolled again. 7. 2. The Head of the institution shall furnish a certificate that the students shown in the enrolment return except the students admitted on the basis of migration, have been studying the institution right from the start of the academic session. 3. The students who have already been enrolled need not be enrolled again. 7. Reliance has also been placed on Regulation 8, which deals with the eligibility of private candidates for appearing in the Matriculation Examination, the relevant portion of which is to the following effect:- (i) Candidates who have passed 8th Class examination from this Board with at least two years gap shall be allowed to appear as private candidates and those who have passed their Middle examination before 1976 and in the year 1988 from the concerned school shall also be allowed to appear as private candidates subject to the satisfaction and verification of the Board. The decision of the Chairman in this regard shall be final. Provided that no one on the rolls of a recognised school after November 30 preceding the year of examination shall be allowed to appear as a private candidate. A number of judgments of this Court, such as C.W.P. No. 3509 of 1997 (Sandeep Singh v. Haryana School Education Board, Bhiwani, and Ors.): and C.W.P. No. 3973 of 1997 Gurjeet Kaur v. Board of School Education, Haryana,Bhiwani, and Ors.) have also been relied upon by the respondents. I have heard the learned counsel for the parties and have gone through the aforesaid regulations as well as the judgments cited on behalf of the respondent-Board, and am of the view that neither Regulation 8 nor afore-mentioned judgments are applicable in the present case. Regulation 8 deals with eligibility for appearing in the 10th Class Examination as a private candidate. Similarly, the afore-quoted judgments deal with cases of candidates, who had to appear in the 10th Class Examination as private candidates. In the present case the petitioner are regular students of Happy Child High School, Khor, Gurgaon, which is a recognised institution of the Haryana School Education Board. As regards the eligibility condition for enrolment, Regulation 4 deals with the same. Clause (b) thereof shows that for valid reasons the students could be enrolled even in the 10th, 11th or 12 class. As regards the eligibility condition for enrolment, Regulation 4 deals with the same. Clause (b) thereof shows that for valid reasons the students could be enrolled even in the 10th, 11th or 12 class. It is not mandatory that every student should seek admission in the 9th Class for making himself eligible to appear in the 10th Class Examination. For appearing in the Matriculation Examination, passing of 9th Class is not an essential requirement of the Board. Regulations 1(ii) and 3(i), which are reproduced hereunder, are relevant for appearing in the Matriculation Examination of the Board:- 1. (ii) The duration of the Matriculation Course shall be ten years. The Examination will be held at the end of 10th Class. ***** 3. (i) The Matriculation Examination shall be open to:- (a) any pupil of 10th Class of a recognised High/Higher Secondary School who has completed not less than 75% of the total attendance: and (b)***** 8. Regulation 1(ii) stipulates that the duration of the Matriculation Course shall be ten years and the examination will be held at the end of the 10th Class. There is no mention that one must have passed the 8th or 9th Class Examinations from a recognised School or Board. The only stipulation in this regulation is that the Matriculation Course shall be of ten years and the examination would be held at the end of 10th year. Similarly, in regulation 3(i) it has been stated that the Matriculation Examination shall be open to "any pupil of 10th Class of a recognised High/Higher Secondary School who has completed not less than 75% of the total attendance." In this regulation the only requirement for appearing in the 10th Class is 75% attendance in a recognised School. As per regulation 4, the students could even get admission in the 10th. 11th or 12th Class. It is not the condition precedent that only the student. who has got admission in the 9th Class of a recognised school, would be eligible for appearing in the Matriculation Examination of the Board. In the present case the petitioner had got admission in the Happy Child High School, Khor (Gurgaon), which is a recognised school of the Board. The petitioner studied full one year in that School and they had fulfilled the eligibility condition with respect to 75% attendance in the class. In the present case the petitioner had got admission in the Happy Child High School, Khor (Gurgaon), which is a recognised school of the Board. The petitioner studied full one year in that School and they had fulfilled the eligibility condition with respect to 75% attendance in the class. There is no objection on behalf of the respondents that the petitioner had not fulfilled the attendance condition in the Happy Child High School. Thus, all the eligibility conditions for appearing in the Matriculation Examination had been fulfilled by the petitioners. 9. In the light of the above discussion. I am of the view that petitioners had illegally been stopped from appearing in the Matriculation Examination by issuing the letter dated February 5. 2002 (Annexure P3) by the Board. The said letter is, accordingly, quashed. 10. Consequently, I allow the writ petition. The petitioner have provisionally appeared in the Matriculation Examination held by the Board in March 2001. The respondent-authorities are directed to declare the results of the petitioner forthwith, and accept the candidature of the petitioner for appearing in the next higher class examination in accordance with law.