JUDGMENT

Brijesh Kumar, J.- The Central Board of Secondary Education (for short the Board ), felt aggrieved by the decision of Madhya Pradesh High Court rendered on 2-7-1996 in writ petition No. 426 of 1996, filed by the respondents No. 1 and 2, whereby directing the Board to declare the result of the examination undertaken by the respondent No. 1 for class X in the year 1996, hence the present appeal. In the impugned judgment it was also directed that a fresh marks-sheet be also issued to her, since the result had been declared earlier only provisionally. The grievance of the Board that the respondent No. 1 was not eligible to appear in the high school examination, was not accepted.

2. The brief facts of the case are that the respondent No. 1 was a student of St. Paul s School, Morar, Gwalior, affiliated to the Central Board of Secondary Education, New Delhi. She filled up form for high school examination but the same was withheld by the school authorities on the ground that she had not cleared her class IX examination. It gave rise to filing of a writ petition No. 484/95 by respondents Nos. 1 and 2, the candidate and her father. On 4-4-95 an interim order was passed by the High Co