Gandhi Vidya Vihar School v. The Board of Secondary Education
2006-11-30
GYAN SUDHA MISRA, VINEET KOTHARI
body2006
DigiLaw.ai
JUDGMENT 1. 1. This application has been filed by the students of appellant-institution for their impleadment in this appeal as also for declaration of their results of class - Xth which they had taken through the Board of Secondary Education Rajasthan, Ajmer which was held in the year 2006. 2. It appears that a dispute arose between the appellant Gandhi Vidya Vihar School and the Board of Secondary Education in regard to the recognition of the appellant-school as a result of which the students of the said school were restrained from appearing in the Xth Class Examination held by the Board of Secondary Education. The appellant-institution filed a writ petition before the learned Single Judge, which was dismissed against which they have preferred this appeal before the Division Bench. During pendency of this appeal, the students of the appellant-school, who have been named in the application, also filed an application for their impleadment as also for seeking an order from the Court to permit them to appear in the Xth Class Examination which they were restrained from appearing on account of the dispute between the appellant-school and the Board of Secondary Education, as already stated hereinabove. The application for impleadment was allowed and an order was passed in favour of the students directing the Board of Secondary Education to allow them to appear in the examination. However, the results could not be declared as there was no categorical direction to declare their results. Hence, the students have filed this application for impleadment and declaration of their results of Xth Class Examination. 3. The counsel for the Board of Secondary Education, Mr. Prahlad Singh, Vehemently opposed this prayer and submitted that the students of the appellant-school were not entitled to appear in the examination of Class Xth as the school itself had not been recognised and subsequently-although an order for its recognition has been passed, the same has been passed only for the year 2006-07, meaning thereby that the students who had appeared earlier were not entitled to appear in the Board examination and if they appeared, that was only by virtue of the order passed by the learned Single Judge. 4.
4. We find no substance in this plea of the counsel for the Board of Secondary Education for two reasons-firstly the competent authorities of the State Government had passed an order in favour of the appellant-institution recognising the school and also accepted fee for such recognition. However, we do not wish to delve deep into this aspect of the matter as we are not disposing of the appeal of the institution at this stage and we are dealing only with the application of the students who have sought an order for impleadment and declaration of their results. The second weighty reason which we find in favour of the applicant students is that if the learned Single Judge passed an order granting permission to the students to appear in the examination of Class Xth and the Board of Secondary Education was aggrieved of the same, it could have preferred an appeal against the order of the learned Single Judge. But the Board of Secondary Education did not consider it appropriate to prefer an appeal and thus acquiesced with the order of the learned Single Judge. Once it is so, we fail to understand their opposition for declaration of the results of the students specially when the school, for the subsequent year, has been granted recognition from 2006-07. In the previous years, therefore, if the competent authorities of the State Government had also passed an order for recognition of the School, although it did not receive official stemp, the fate of the students cannot be allowed to hang in balance specially when the Board of Secondary Education failed to prefer any appeal against the order permitting the students to appear in the examination. The dispute regarding recognition of the appellate school for the years prior to 2006-07 is an issue to be considered in the main appeal but with-holding the results of the students of Class Xth by the Board of Secondary Education then they were permitted to appear by order of the learned Single Judge which was not challenged by the Board. We see no justification for with-holding the results indefinitely till the question of recognition is finally decided. 5.
We see no justification for with-holding the results indefinitely till the question of recognition is finally decided. 5. In so far as the students are concerned, we find that once the order was passed in their favour for taking the examination held by the Board of Secondary Education, it would be in the interest of equity and justice to direct the Board of Secondary Education to declare their results. We, therefore, allow the application and direct the Board to declare the results of the students expeditiously but not later than a period of 15 days from today without awaiting for the copy of the order of the Court as the order is being passed in presence of the counsel for the Board of Secondary Education. The application accordingly stands allowed and disposed of.Application Allowed. *******