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2019 DIGILAW 2431 (RAJ)

Ramniwas v. State of Rajasthan

2019-09-11

SANGEET LODHA

body2019
JUDGMENT Sangeet Lodha, J. - This writ petition was filed by the petitioner seeking directions to the respondent-Board of Secondary Education, Rajasthan, to permit him to appear in Examination of Class XII in Arts stream with the optional subject Geography. 2. The facts relevant are that the petitioner appeared in Class XII Examination conducted by Board of Secondary Education, Rajasthan, in the year 2017. The petitioner was declared pass with First Division. The petitioner decided to repeat Class XII with a new optional subject Geography and sought admission in S.R.Moond Senior Secondary School. The petitioner was accorded admission and he pursued his studies regularly. The petitioner filled the examination form, which was accepted by the Board, however, while issuing the admit card, the optional subject of Geography bearing Code No.14 opted by the petitioner was changed to the subject History bearing Code No.13. In these circumstances, the petitioner preferred the present writ petition with the prayer as aforesaid. 3. On 7.2.18, a coordinate Bench of this court while issuing notices to the respondents, passed an interim order in favour of the petitioner in the following terms: "Meanwhile, the petitioner is permitted to appear in the final/practical examination of Class 12th of Arts stream in the optional subjects of Geography, Political Science and Hindi Literature." 4. Pursuant to the interim order passed by this court, the petitioner appeared in the written examination as well as practical examination. 5. On 13.7.18, the petitioner sought time to implead the school where he had pursued regular studies as party respondent. However, later the petitioner made an application for recalling the order dated 13.7.18. The application was dismissed by the Court with cost Rs.5,000/-. Thereafter, the petitioner filed an application for impleading S.R.Moond Senior Secondary School as party respondent, which was allowed vide order dated 20.12.18. 6. A reply to the writ petition has been filed on behalf of the respondent no.2-Board of Secondary Education as also by the respondent no.3-S.R.Mund Senior Secondary School. 7. Thereafter, the petitioner filed an application for impleading S.R.Moond Senior Secondary School as party respondent, which was allowed vide order dated 20.12.18. 6. A reply to the writ petition has been filed on behalf of the respondent no.2-Board of Secondary Education as also by the respondent no.3-S.R.Mund Senior Secondary School. 7. Precisely, the stand of the Board is that the petitioner who had appeared in Class XII Examination 2017 with three optional subjects Political Science, History and Hindi, could have again appeared in the XII Examination for the purpose of improvement in the same subjects and was not entitled to appear with the changed subject and thus, the Board was justified in not permitting the petitioner to repeat the examination with the changed subjects. Relying upon the instructions issued by the Board in this regard, it is submitted that as per the rules, the petitioner could not have appeared in the category I as fresh candidate with changed subjects and could have applied only in category II in repeat examination with the same subjects. The relevant provision relied upon by the Board reads as under: 8. The stand of the respondent no.3 is that the petitioner was admitted to the Class XII with the subject Geography, Political Science and Hindi Literature, he had pursued the regular course of studies throughout the year with 88% attendance. 9. Learned counsel appearing for the petitioner contended that the petitioner has every right to repeat Class XII Examination with the different subjects and thus, the Board could not have disallowed the petitioner from appearing in the examination and imposed upon him to appear in the examination with the same subjects in which he had appeared in Examination 2017. Learned counsel submitted that the action of the Board in declining the petitioner to opt for different subjects in repeat examination, is ex facie illegal and arbitrary. Learned counsel submitted that the petitioner was admitted to Class XII with the changed subjects by the respondent School and he had pursued the regular course of studies throughout the year and therefore, he cannot be denied the fruits of the studies he had already undergone. 10. Learned counsel submitted that the petitioner was admitted to Class XII with the changed subjects by the respondent School and he had pursued the regular course of studies throughout the year and therefore, he cannot be denied the fruits of the studies he had already undergone. 10. On the other hand, the counsel appearing for the Board of Secondary Education submitted that the examinations conducted by the Board are regulated by the relevant rules and apparently, the rules do not permit repeat examination with the changed subjects and thus, the examination form submitted by the petitioner was liable to be rejected yet, the Board has permitted the petitioner to take repeat examination with the same subjects, which he had opted while appearing in the Examination 2017. Learned counsel submitted that the Board cannot issue more than one pass certificate to any candidate and thus, the action of the Board being in conformity with the norms laid down, cannot be faulted with. 11. I have considered the rival submissions of the learned counsel and perused the material on record. 12. Indisputably, the Board of Secondary Education established in exercise of the power conferred under Section 3 of the Rajasthan Secondary Education Act, 1957 ("the Act of 1957"), a body Corporate is responsible for prescribing courses of instructions for secondary education in the State which includes all the courses which follows immediately, Middle School Examination, or education equivalent thereto and precedes immediately the stage of education controlled by any University in Rajasthan and conduct the public examination based on such courses of secondary education as may be prescribed. Suffice it to say that curriculum of the course of studies of secondary education as also the scheme of examination is exclusively controlled by the Board of Secondary Education in accordance with the Regulations framed in exercise of the power conferred under Section 36 of the Act of 1957. 13. As noticed above, as per the scheme of the examination promulgated by the Board of Secondary Education, a candidate after completion of the regular course of studies is entitled to appear in examination in Category-I, however, the candidates of the Category-I who have already passed the examination are eligible to again appear in the Secondary/Senior Secondary Examination in the Category-II for improvement of the division with the same subjects. It is specifically provided that the candidates falling in the Category-II shall not be permitted to change the subjects and if on account of some error they apply for the appearance in the examination in the Category-I instead of Category-II, they will be permitted to appear in the examination in Category-II in the said subjects which they had opted in the first instance while appearing in the examination in the Category-I. Suffice it to say that as per the scheme of the examination, no candidate after passing the Secondary/Senior Secondary Examination is entitled to appear again in the examination while changing the subjects. In other words, if a candidate wants to appear in the examination again for the purpose of improvement of division, he is entitled to do so, but in the same subjects. In this view of the matter, the respondent Board was absolutely justified in not permitting the petitioner to appear again in the Senior Secondary Examination for the purpose of improvement with the changed subject. 14. It goes without saying that the matter with regard to curriculum of the course of studies and the scheme of examination is required to be dealt with by Academic Body of the Board exclusively and this Court cannot intermeddle in such matter so as to permit any candidate to take up the examination contrary to the scheme of the examination of the Board. The Board is justified in submitting that the improvement of the division is permissible, but the Board cannot issue two certificates to the candidate of passing Secondary /Senior Secondary Examination with different subjects. 15. At this stage, it is pertinent to note that pursuant to the interim order passed by this Court, the petitioner has already appeared in the examination in the subject Geography wherein he was not entitled to appear as per the scheme of examination of the Board. Obviously, for this reason, the petitioner has not appeared in the examination of subject History wherein the petitioner was permitted to appear by the Board while issuing admit card and therefore, on the facts and in the circumstances of the case, in the interest of justice, his right to appear in the subject History as candidate belonging to Category-II, deserves to be protected. 16. In the result, the writ petition is dismissed. The interim order dated 7.2.18 passed by this Court is vacated. 16. In the result, the writ petition is dismissed. The interim order dated 7.2.18 passed by this Court is vacated. The examination of the petitioner of subject Geography wherein he has appeared pursuant to the interim order passed by this Court, shall stand cancelled. However, the petitioner shall be permitted to appear in the subject History of Senior Secondary Examination, as a candidate belonging to the Category-II in the ensuing main or supplementary examination, whichever is conducted earlier by the Board. Needless to say that after appearance of the petitioner in the examination of subject History, his result shall be declared expeditiously. No order as to costs.