Divine Charitable Society v. Board of Secondary Education
2014-01-13
body2014
DigiLaw.ai
Judgment S.K., J:- Heard learned counsel for the parties and perused the record. The controversy involved in this writ petition, has already been decided by this Court in the case of Manoj Kumar & Ors. Vs. Board of Secondary Education & Ors vide order dated 15-04-2013 in Writ Petition No.1134/2013. This Court has passed the following order:- “Heard counsel. Grievance of the petitioners in this petition is that in pursuance to the order passed by the Hon'ble Supreme Court, the respondents Board has issued the mark sheets of the petitioners of D.Ed. Course, however, a remark has been mentioned in the mark sheet that it has been issued in pursuance to the orders passed by the Hon'ble Supreme Court in Civil Appeal No.3380/2009) without any enrollment number because the institute was not recognized by NCTE and not affiliated to the Board. The petitioners had taken admission in an institution named IITS college in the academic session 2007-08. Due to some dispute, the petitioners were not permitted to appear in the First Year D.Ed. examination. Consequently, petitions were filed and the matter travelled up-to the Hon'ble Supreme Court. The Hon'ble Supreme Court passed orders on 16/5/2008 and 30/5/2008 in Civil Appeal No.3380/09 and and permitted the petitioners to appear in the First Year D.Ed examination. When the petitioners cleared the aforesaid examination, the Hon'ble Supreme Court further allowed the students to appear in the Second Year Examination of D.Ed. vide order dated 6/8/2009. Civil Appeal No.3380/09 was finally disposed of by the Hon'ble Supreme Court vide order dated 19/9/2012with the following direction: In the result we allow these appeals and connected W.P.No.246 of 2008 but only in part and to the following extent : 1. The respondent Board shall issue the requisite certificates and mark sheets to the successful candidates admitted by the appellant institution to the D.Ed. course for the session 2007-2008. The needful shall be done within six weeks from the date a copy of this order is received by the Board. 2. The State Government shall formulate a scheme for admission of eight students per year per appellant - Institution w.e.f. 2013-2014 for the next six academic sessions free of any charge by the concerned institution, giving preference to students who belong to economically weaker sections of the society including SC and ST candidates.
2. The State Government shall formulate a scheme for admission of eight students per year per appellant - Institution w.e.f. 2013-2014 for the next six academic sessions free of any charge by the concerned institution, giving preference to students who belong to economically weaker sections of the society including SC and ST candidates. The procedure and norms for allocation of such free seats shall be drawn up by the State Government. 3. The parties to bear their own costs.” In pursuance to the directions issued by the Hon'ble Supreme Court the respondents Board issued mark sheets and certificates to the petitioners of D.Ed. course, however, following remark has been mentioned on the mark sheets of the petitioners : “CERTIFICATE ISSUED AS PER ORDERS OF THE SUPREME COURT OF INDIA IN C.A.NO.3380/2009 (WITHOUT ENROLMENT NUMBER) SINCE INSTITUTE IS NOT RECOGNISED BY NCTE AND NOT AFFILIATED TO THE BOARD.” Learned counsel for the petitioners have submitted that the aforesaid remark mentioned in the mark sheets of the petitioners is arbitrary, illegal and against the order passed by the Hon'ble Supreme Court. Contrary to this, learned counsel for the respondents/Board has contended that there is no illegality in mentioning the remark because results of the petitioners have been declared pursuant to the orders passed by the Hon'ble Supreme Court. From the facts of the case, it is clear that the Hon'ble Supreme Court allowed the appeal and issued directions to the respondents Board to issue certificates and mark sheets to the successful candidates admitted by the appellant institution for the academic session 2007-2008. It means that the examination of the petitioners was held by the Board in accordance with law. In such circumstances, in our opinion, it was not necessary for the Board to mention the remark on the mark sheets issued to the petitioners because it would adversely affect the career of the petitioners. Hon'ble the Supreme Court in Commissioner Karnataka Housing Board Vs. C. Muddaiah, (2007)7 SCC 689 has held as under : “We are of the considered opinion that once a direction is issued by a competent court, it has to be obeyed and implemented without any reservation. If an order passed by a court of law is not complied with or is ignored, there will be an end of the rule of law.
If an order passed by a court of law is not complied with or is ignored, there will be an end of the rule of law. If a party against whom such order is made has grievance, the only remedy available to him is to challenge the order by taking appropriate proceedings known to law. But it cannot be made ineffective by not complying with the directions on a specious plea that no such directions could have been issued by the court. In our judgment, upholding of such argument would result in chaos and confusion and would seriously affect and impair administration of justice. The argument of the Bord, therefore, has no force and must be rejected.” In this view of the matter, the petition is allowed. The respondents 1 and 2 Board is directed to delete the remark on the mark sheets issued to the petitioners and fresh mark sheets be issued to the petitioners within a period of four weeks from the date of receipt of certified copy of the order. Certified copy.” Since the order passed by this Court in Writ Petition No.1134/2013 (supra) is a bi-parti order and the controversy involved in this petition is same, this writ petition is disposed of at motion hearing stage itself. Consequently, the petition of the petitioner is allowed. The respondent is directed to delete the remark mentioned in the mark sheet issued to the petitioner/Institution. It is further directed that the enrollment number be mentioned in the mark sheet and certificate of the petitioner and fresh mark sheet and certificate be issued to the petitioner within a period of two weeks from the date of receipt of copy of this order. No order as to costs.