Punjab-Haryana High Court
Pankaj Bhardwaj And Others vs Union Of India And Others on 17 October, 2011
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 6061 of 2011
Date of Decision: 17.10.2011
Pankaj Bhardwaj and others ...Petitioners
Versus
Union of India and others ..Respondents.
CORAM: HON'BLE MR. JUSTICE SURYA KANT
1. Whether Reporters of local papers may be allowed to see the judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present : Mr. Neeraj Kumar, Advocate
for the petitioners
Mr. Harsh Aggarwal, Advocate, for the respondents.
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SURYA KANT, J.(Oral)
The petitioners seek quashing of letter dated 02.11.2010 (Annexure P-2) whereby their admission in 10+2 examination in National Open School has been cancelled.
2) The undisputed facts are that the last date to submit the application forms on-line was 10.09.2010 and the petitioners applied through on-line on 08.09.2010. The petitioners though claimed that the application forms generated on the computer (after applying on- line) along with the requisite documents were duly sent by them to the Regional Office on 08.09.2010 itself, the respondents have denied this fact, as according to them the application forms generated by the computer were required to be received within seven days but the same were not received within time in the case of the petitioners. CWP No. 6061 of 2011 [2]
3) The fact that the petitioners applied on-line on 8.9.2010 i.e. before the cut off date being not in dispute, a co-ordinate Bench vide order dated 08.04.2010 permitted the petitioners to take their final examination of 10+2 class provisionally and pursuant to the said interim order the petitioners were allowed to appear in the examination.
4) Having heard learned counsel for the parties and keeping in view the very object of establishing open schools and the fact that the petitioners did apply on-line before the expiry of last cut off date and non-submission of application forms generated by computer by them, apparently having no serious impediment in considering the candidature of the petitioners and also keeping in view the fact that this Court permitted them to take their final examination of 10+2 examination provisionally, I allow this writ petition with a direction that subject to completion of the requisite documentation as may be required by the National Open School, the result of the petitioners shall be declared. However, this direction having been issued in the peculiar facts and circumstances of the case shall not be treated as a binding precedent.
Dasti.
17.10.2011 (SURYA KANT) 'ravinder' JUDGE