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Madhya Pradesh High Court

Reena vs Board Of Secondary Education Bhopal on 4 August, 2015

                              1                     WP 3502/14

4/8/15
       Shri RBS Tomar, learned counsel for the petitioners.
       Shri   J.P.Mishra,   learned    counsel      and   Shri
A.K.Nirankari, learned counsel for respondents No. 1 & 2-

Board.

We deem fit to hear the petition on the question of admission as well as interim relief after filing the return by the authorities of the respondents.

On asking in this regard from the respondents' counsel Shri J.P.Mishra, on which he seeks for and is granted a period of one month to file the return.

Let this matter be placed under the same head in the week commencing 14/9/15 alongwith all connected identical matters listed today.

At the request of the petitioners' counsel, the matter is taken up for grant of ad-interim relief till next date of hearing of this petition.

Having heard counsel, keeping in view the arguments that the present petitioners have got admission in D.Ed. First year in the session of 1st July 2012 to 30th June, 2013 and at the time of admission in the month of June-July, 2012, the amended order of the respondents-Board dated 17/12/2012 bearing No.687/Pariksha Samnavay/2012 was not in existence and such admission and examination were governed by the order of the respondents-board dated 2 WP 3502/14 26/2/2010 bearing No.4309/Pariksha Samanvay D.Ed/2010, according to which, there was no limitation/restriction to appear in the subsequent examination on various occasions, if the student is failed and in view of the existence of such old order dated 26/2/2010, the present petitioners have got admission in the alleged course in the month of June-July,2012 and therefore the aforesaid amended provision which came into force w.e.f. 17/12/2012 being having prospective effect and not retrospective effect, the petitioners being the students, who got admission in view of the earlier order of 2010 are entitled to appear in the subsequent examination. As an interim measure, the respondents are directed to permit the petitioners to submit their examination forms and fulfill necessary formalities to appear in the alleged examination scheduled from 5/8/2015 and by accepting such forms permit the petitioners to appear in such examination. But however the authorities of the respondents are directed not to declare the result of the petitioners unless orders by this court and such appearance of the petitioners in the alleged examination shall not give them a right to get the result of such examination. This interim order shall be deemed to be subjected to any order or final order of this petition which would be passed after filing the return by the respondents and affording opportunity of hearing to the parties.

At this stage, considering the prayer of the respondents' counsel Shri Mishra, he is extended liberty to file appropriate application for extension of the period to permit the petitioners in the alleged examination if the respondents-authorities are not in a position to manage the affairs to permit the petitioners to appear in the alleged examination tomorrow, which has already been scheduled for other students and on filing such an application, same shall be considered and appropriate order may be passed on such application.

It is made clear that on account of aforesaid interim order, the petitioners herein shall not be entitled to initiate any contempt proceedings if on technical ground the aforesaid interim directions are not complied by the authorities of the respondents-board.

A typed copy of this order be given to the learned counsel for the respondents-Board enabling him to comply the aforesaid directions.

C.c.today.

             (U.C.Maheshwari)                      (B.D. Rathi)
                 Judge                                Judge
(Bu)