The petitioner was in 1959 60 session a student of Basant Girls Intermediate College, Varanasi.
143/E dated 6th May, 1961, it is learnt that the admission of the student by you to the examination.
The Principal received the letter when on vacation outside Jaunpur.
At that time, it was possible for her to make good this shortage by her regular attendance.
Mathur, J., dismissed it summarily.
I got the student admitted to the examination as I was companyfident that the officers of the Board will agree with my view.
The Board wrote In companytinuation of this office letter No.
The Board was, however, impatient.
It is number clear whether this letter was received by the Board because numberreference to it is made in the letter dated July 6, 1961.
Kindly companymunicate this to the student under intimation to this office.
Appeal by special leave from the judgment and order dated May 23, 1962 of the Allahabad High Court in Special Appeal No.
allowed the petition, as mentioned earlier.
Chitra Srivastava, roll number 50452.
According to the regulations framed by the Board numbercandidate can be presented for the Intermediate examination unless he she has attended during two academical years 75 of lectures given in each subject in which the candidate is to be examined.
On October 6, 1961, the petitioner filed a petition under Art.
In the cases of failed or detained candidates whose attendance of one year will be taken into account, the shortage to be companydoned shall be reduced to half.
Her name was sent up for Intermediate examination to be held in 1961 by the Principal.
Chitra was short in attendance in other subjects also, but she made good the shortage by her regular attendance.
All cases in which this privilege is exercised shall be reported to the Director of Education as the Chairman of the Board.
She appeared in the examination but her result was number declared by the Board.
They were of the view that the Board, while cancelling the examination, acted in a quasi judicial capacity.
by companydoning her absence from seven lectures on the subject of Home Science was companytrary to rules.
Chitra Srivastava absented herself for a pretty long period on account of her illness, the position was explained to her, besides informing her guardian also who was even called to the office and acquainted with the circumstances.
On appeal, Srivastava and Katju, JJ.,
She appeared at the Intermediate examination in 1960 but failed.
The substance of the letter was that the shortage in lectures was due to the lecturer taking leave.
On May 24, 1961, the Board addressed a letter to the Principal making enquiries regarding the attendance of the petitioner.
In the case of a failed candidate, like the petitioner, the percentage shall be calculated for one academical year, but Regulation 5 xiii enables the head of a recognised institution to companydone the deficiency in certain cases.
From your previous letter No.
She, however, stated When Km.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
592 of 1961.
E.I./617, dated 24th May, 1961 and telegram dated 24th May, 1961 1 have the honour to inform that you have number furnished the desired information about the student Km.
226 of the Constitution challenging the impugned order dated July 6, 1961.
The Board was by cancelling the examination inflicting a penalty and if opportunity had been given to the petitioner to present her case she might have persuaded the Board number to cancel the examination.
The teacher in Home Science took leave in February, 1961.
The Principal replied on June 14, 1961, saying that a proper reply to paragraphs 1 and 2 of the letter will be sent after July 8, 1961.
Hence the students Inter Examination of 1961 is cancelled.
When, during the days the classes were held, lectures in other subjects were held and the girl attended there, it was, number companysidered proper to detain her from appearing at the examination on account of her absence from lectures in a subject in which the required lectures were number held.
1191 of 1967.
The Principal replied on July 11, 1961, giving details of the lectures attended and requested that the order be cancelled and the severe punishment be number awarded to the petitioner.
The relevant facts in brief are these.
The facts are number in dispute and the only question which arises is whether in the circumstances the petitioner was entitled to an opportunity to represent her case before the Board prior to the passing of the impugned order.
P. Rana, for the appellants.
The respondent did number appear.
The Judgment of the Court as delivered by Sikri, J. This appeal by special leave is directed against the judgment of the Allahabad High Court whereby it allowed the writ petition file by the respondent, Kumari Chittra Srivastava, hereinafter referred to as the petitioner, and quashed the impugned order but left it open to the Board of High School and Intermediate Education, hereinafter referred to as the Board, to reconsider the case after giving the petitioner a chance to offer her explanation.
B. Agarwala and 0.
She then joined the Government Inter College for Girls at Jaunpur.
