JUDGMENT Hon’ble Pankaj Mithal, J.—Heard Sri R.P. Dubey, learned counsel for the petitioners. Learned Standing Counsel appears for respondents. 2. Petitioner No. 1 is a recognised Institution and petitioner No. 2 is the Committee of Management of the said Institution represented by its Principal. They have jointly filed this petition directing the respondent Nos. 2, 4 and 5 to issue examination forms of the Board of High School to the 28 alleged outside students of the Institution to appear in the High School examination of the year 2014. 3. Under the interim order of this Court dated 16.1.2014 the aforesaid 28 alleged outside students were permitted to appear in the High School examination of 2014 of the Board after completion of necessary formalities. 4. In pursuance of the above interim order, the said students were permitted to sit in the examination but their result has not been declared so far and is lying withheld. 5. The respondents have declined to issue the examination forms to the said students of the Institution on the basis of the circular dated 19.8.2014 issued by the D.I.O.S. wherein by paragraph 24 it has provided that not more than 10 outside students be admitted in class 10 and 12 of the Institution without verifying their antecedents from the previous Institution and if necessary after permission from the D.I.O.S. 6. The submission is that the aforesaid offending clause if read together with the Government order dated 20.7.2010 and 1.8.2011 would only apply to the outside students admitted in class 10 and 12 after they had passed out class 9 or 11 from the other Institutions but it would not apply to the admission of students in class 10 and 12 of those who have failed in class10 or 12 while studying in the earlier Institution. 7. The Government Order dated 20.7.2010 provides that direct admissions of outside students to class10 and 12 should not be more than 10 in a year and in case it exceeds the said limit, it should be with the prior approval of the D.I.O.S. 8. A plain reading of the aforesaid Government order reveals that it envisages to control fake admissions made directly to class 10 and 12 of those students who have passed class 9 and 11 from other Institutions. 9. A plain reading of the aforesaid Government order reveals that it envisages to control fake admissions made directly to class 10 and 12 of those students who have passed class 9 and 11 from other Institutions. 9. The Government order dated 1.8.2011 clarifies the above Government order dated 20.7.2010 and provides that those students who have passed class 9 and 11 from other Institutions should not ordinarily be admitted as a regular student in the new Institution in excess of 10 in number in a particular year and in case the number so exceeds their details should be verified from the previous Institutions and if necessary prior approval of the D.I.O.S. be obtained. It further provides that the above restriction is not applicable where failed students of class 10 and 12 of one Institution takes admission in the same class of a new Institution. 10. In other words, the restrictions placed by the aforesaid Government orders is with regard to admission of students in class 10 and 12 after they have passed class 9 and 11 from another Institution. The restrictions imposed therein do not apply to the failed students of class 10 and 12 who seeks admission in the same class in the new Institution. Even the above circular is to the same effect and is not of a general application. The restriction of verification of details of the students and prior permission of the D.I.O.S. referred to in the circular is in context with admission of students to class 10 and class 12 who have passed class 9 and 11 from some other Institution and not in respect of failed students of class 10 and 12 of one Institution seeking admission in the same class of another Institution. 11. This is the only logical conclusion which can be drawn by the combined reading of both the Government orders and the above circular as the departmental circular cannot run contrary to the Government Orders. 12. In the instant case, the 28 students for whom examination forms were demanded were all failed students of class 10 of the earlier Institutions and were admitted to the same class of this Institution and as such none of the restrictions of the above Government orders or the circular apply to them. 13. 12. In the instant case, the 28 students for whom examination forms were demanded were all failed students of class 10 of the earlier Institutions and were admitted to the same class of this Institution and as such none of the restrictions of the above Government orders or the circular apply to them. 13. In view of the aforesaid facts and circumstances, the respondents were not justified in refusing to issue examination forms to these students. 14. The aforesaid students have been issued examination forms pursuant to the interim direction of the Court and they have also appeared in the examination and as such only their result is now required to be declared. 15. Since there was no fault on part of the petitioners or the students, they have rightly been permitted under the interim order to appear in the examination and since they have appeared, their result is also liable to be declared. 16. Accordingly, the writ petition is allowed and the respondents are directed to forthwith declare the result of the aforesaid 28 students of the petitioner Institution of the High School Examination-2014 of the Board. ———————