Fanish Kumar Shukla vs Board of Secondary Education and Others

Abhay M. Naik, J.

Petitioner is a student of 10th Class aged 16 years. Enrollment has been denied by the Board of Secondary Education, Madhya Pradesh, Bhopal, which forced him to approach this Court by filing writ petition under Article 226 of the Constitution of India.

It is averred in the writ petition that the petitioner passed Class IX Examination in the year 2005-06 from Adivasi Girls Higher Secondary School, Kapuri, District Sidhi. After obtaining School Living Certificate, the petitioner was admitted in Pratibha Higher Secondary School, Anand Nagar, Bhopal in Class X (High School). He submitted an application for his enrollment in the '' Board of Secondary Education, M.P., Bhopal (hereinafter referred to as "the Board" for brevity) on 8-9-2007. Principal of the said school (respondent No. 3) vide his letter dated 10-9-2007 (Annexure P-5) submitted additional information to the Board for facilitating the enrollment. Requisite fees was also paid to respondent No. 1 as revealed in the receipt dated 17-9-07 marked as Annexure P-8. Other formalities were also completed as required by respondent No. 1. Vide impugned order dated 8-10-07 (Annexure P-11), the respondent No. 2 (Regional Officer of the Board) refused to enroll the petitioner in Class X and, consequently, refused to allot him enrollment number which would have enabled the petitioner to participate in the High School Examination conducted by the Board. It is stated in the writ petition that the Board is duty bound to enroll the petitioner because in the absence of enrollment, the petitioner would not be able to appear in the High School Examination as well as Higher Secondary School Certificate Examination conducted by the Board which is essential for securing certain jobs or prosecuting further studies.

Board has submitted its return. It is averred that the enrollment was to be made when the petitioner was in Class IX. It is a mandatory provision in the Enrollment Regulations of 1994 that a student while prosecuting studies of Class IX should get himself enrolled. In specific it has been averred that as per Regulation No. 6 of the said regulations, the enrollment is compulsory at the time of pursuing studies in Class IX. The petitioner did not submit the original mark-sheet of Class IX and a photocopy, which was furnished to the Board contained over-writings. The attestation has also been found doubtful by the District Education Officer. The Board refused enrollment on the ground that the petitioner did not get himself enrolled while he was in Class IX. Accordingly, a prayer has been made for dismissal of the writ petition.

Arguments heard.

Board of Secondary Education, Madhya Pradesh, has been established by the State Government in exercise of the powers u/s 3 of the M.P. Madhyamik Shiksha Adhiniyam, 1965. Functions of the Board are enumerated in Chapter II of the said Act. Section 28 of the Act empowers the Board to make regulations for the purpose of carrying into effect of the provisions of this Act. Clause (f) of Sub-section (2) of Section 28 empowers the Board in specific to provide the conditions under which candidates shall be admitted to the examinations of the Board. In exercise of the powers conferred by Sub-section (4) of Section 28 of the Act, regulations known as the Board of Secondary Education (Madhya Pradesh) Regulations, 1965 have been framed. Regulations 128 to 131 are quite relevant which are quoted below:

Enrollment is compulsory for every regular as well as private candidate who desires to appear for various examination, of the Board of Secondary Education, Madhya Pradesh.

The fee of enrollment shall be rupees four for each candidate and shall be paid once only.

(a) Application for enrollment together with the enrollment fee shall be submitted by the regular student of a recognized institution through the heads of the institution concerned so as to reach the Secretary by the first October in the academic year in which he first joins a recognised institution. The Heads of institutions shall scrutinise the forms of students applying for enrollment and certify that they have examined the certificate of the examination qualifying them for admission to the Board''s course concerned:

Provided that the Secretary may in exceptional circumstances entertain an application for enrollment even later than 1st October.

(b) Regular student seeking admission to an institution recognised by the Board after having been admitted as member of another Board incorporated by law for the time being in force and having appeared for public examination of that Board will not be enrolled, unless their applications for enrollment are accompanied by a Migration Certificate from the previous Board.

(c) In case of private candidates, enrollment fee of Rupees four shall be paid together with the examination fee.

(a) No student shall be deemed to have been admitted to any course of study of the Board, unless his name is borne on the register of enrolled students.

(b) Except in cases where application for enrollment is rejected by the Board, the fee shall not be refunded.

On enrollment every students shall receive from the Secretary an Enrollment Certificate showing the enrollment number under which his name has been entered in the register and that number shall be quoted by the student in all communications to the Board and subsequent application for admission to an examination of the Board.

In view of the aforesaid regulations, enrollment with the Board is very essential for a student who is desirous of appearing in the examinations conducted by the Board and, consequently, for further studies wherein a candidate is required to have passed High School Examination or Higher Secondary School Certificate Examination. The Board has further made regulations pertaining to enrollment which are known as Madhya Pradesh Madhyamik Shiksha Mandal (Namankan) Viniyam, 1994 (hereinafter referred to as "Enrollment Regulation, 1994"). Regulation 3 makes enrollment mandatory for every student regular or private who is desirous of seeking admission in any institution recognised by the Board or to appear in the Examination conducted by the Board. Regulation 6 has been relied upon by the learned Counsel for the Board, which is reproduced below:

�N%� ukaekadu dsoy 9 oha d{kk esa izos''k ikus okys Nk=ks ds fy, fd;k tkuk vfuok;Z gksxk A ijUrq ;fn fdlh Nk= }kjk 9oh ds mijkUr fdlh d{kk esa izFke ckj e.My }kjk vk;ksftr ijh{kk ds fy, izos''k fy;k tkrk gS rks mlds fy, ukekadu djuk vfuok;Z gksxk A

In view of the aforesaid, it is true that a student getting admitted in Class IX is to be enrolled while prosecuting studies in 9th Class, but the proviso makes it clear that if a student is to be admitted for the examinations conducted by the Board after 9th Class, it is necessary for him to get himself enrolled. It is nowhere provided that if a student fails to get enrolled in 9th Class, he shall be debarred for ever from getting enrolled in future classes. The only barrier is that such a student unless enrolled shall not have a right to appear in the High School Examination or Higher Secondary School Examination conducted by the Board. Regulations of the Board are with twin objects. Firstly, there must be unified system of education and secondly, all the student must be required to go through the same system. Examination of 9th Class is not conducted by the Board but is conducted by the local schools. Therefore, even if, a student fails to get himself enrolled while prosecuting students in 9th Class, he while getting admitted in 10th Class or while appearing in the High School Examination conducted by the Board shall first get himself enrolled with the Board. This being so, no student can be deprived for ever from getting enrolled even after 9th Class but before appearing in the High School Examination of the Board. In the absence of a provision, to the contrary, Regulation 6 (quoted hereinabove) cannot be construed in an unreasonable manner so as to make a student ineligible for appearing in the examination of High School as well as Higher Secondary School Examination. Accordingly, it is held that the Enrollment Regulation, 1994 do not debar a student from getting enrolled while studying in Class X, if he has failed to get himself enrolled in 9th Class. The Board subject to its provisions regarding late fee etc. may enroll such students even after 9th Class but before allowing them to appear in the Examination of 10th Class (High School Examination).

In the result, the writ petition is allowed. Impugned order dated 8th October, 2007 contained in Annexure P-11 is hereby quashed. Respondent/Board is directed to allow the enrollment application of the petitioner after seeking completion of the requisite formalities. This Court is informed that the Examination of 10th Class (High School Examination) of the Board is to commence from 3rd March, 2008. Keeping this in mind, it is directed that the respondent Nos. 1 and 2 shall act immediately henceforth on the application and shall allow the petitioner to appear in the High School Examination in accordance with the requisite formalities. His result shall not be declared before a decision on enrollment application is taken. Needless to say that the petitioner shall be fully co-operative in the matter and his natural guardian, i.e., his father shall render full assistance to the Board in fulfillment of the formalities requisite under the Regulations. No order as to costs.