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2012 DIGILAW 230 (JHR)

Dobro Sundi v. State of Jharkhand

2012-02-14

APARESH KUMAR SINGH, PRAKASH TATIA

body2012
ORDER By the Court. - It is very unfortunate that total 87 students, 50 regular and 37 ex-students, mostly belonging to Scheduled Tribes of one School, Krishna Ballabh High School, Barkela, Singhbhum West, have not been issued Admit Card for appearing in the Matriculation examination of 2012, which is scheduled to be held from 22nd February, 2012, and that too because of the fault of their school and admittedly, there is no fault of any of the students. 2. From the counter affidavit, which has been filed by the Jharkhand Academic Council, Ranchi, who is conducting the examination, it appears that the Head Mistress of the said school submitted an application on 24th December, 2011 before the Jharkhand Academic Council, Ranchi conveying that because of her poor health, time for submitting the fees and forms for the matriculation examination, 2012 may be extended up-to 26th December, 2012. However, the last date for submitting the fees and forms was 14th December, 2011 and with late fee it was up-to 21st December, 2012. 3. It is very difficult to appreciate how the school itself was working who was dependent on only one person, the Head Mistress and who can raise such a lame excuse. Prima facie, we are of the opinion that there could not have been such type of health of any person, on the basis of which this excuse could have been taken. Therefore, we direct the State Government to place on record the application of the Head Mistress, if submitted for taking leave in entire month of December, 2011 and also disclose how much days the Head Mistress remained on leave and what medical certificate was submitted along with the application or after resuming of her duties so that if anything wrong is done, appropriate action may be taken. Since, there is no fault of any of the students and for mere inconvenience of the Jharkhand Academic Council, Ranchi, these students cannot be denied an opportunity to take examination from 22nd February, 2012, which is seven days away from today and even if it could have one day, we would have given direction to the Jharkhand Academic Council, Ranchi, to make special arrangements for appearance of the students in time in the examination. 4. Learned counsel for the Jharkhand Academic Council, Ranchi, submitted that after two months, there may be supplementary examination wherein these students can appear. 5. 4. Learned counsel for the Jharkhand Academic Council, Ranchi, submitted that after two months, there may be supplementary examination wherein these students can appear. 5. This plea of the Jharkhand Academic Council, Ranchi is liable to be summarily rejected because of the reason that there may be even one meritorious student in the list of 87 students and we cannot see even his mental agony because of not getting opportunity to take examination in main examination along with other candidates. 6. We again are making it clear that the period of seven days for issuing Admit Cards is more than required time and, therefore, all these students be given “Admit Card” which shall be 'Provisional Admit Card', without any delay. So far as fees of the students to be deposited with the Jharkhand Academic Council, Ranchi is concerned, that shall not be taken as an issue and, therefore, even if that fee is not remitted to the Jharkhand Academic Council, Ranchi by the Head Mistress of the said school or by school administration, even then also 'Provisional Admit Cards' shall be issued to the students. The school administration or the Head Mistress of the said school may definitely take the Admit Card by tomorrow from Jharkhand Academic Council, Ranchi and shall give these Admit Cards to the concerned students who may collect their respective Admit Cards in the evening of tomorrow and onwards. The school management shall today itself complete the formalities of submitting the application forms to the Jharkhand Academic Council, Ranchi and shall give the forms, fees and required photographs. Even if there is some things here and there, then also, the Jharkhand Academic Council, Ranchi may issue Admit Card because this is a 'Provisional Admit Card' to be given to the students to safeguard their future. 7. The District Education Officer, Chaibasa shall be responsible for completion of all the formalities for getting the Admit Cards to the students. 8. Put up this case on 14th March, 2012. 9. Copy of this order may be handed over to the learned counsel for the respondents. Ordered accordingly.