Bapna J.—These four petitions raise identical issues, and are dealt with by a single judgment.

2. The broad facts alleged on behalf of the petitioners are that the Central Board of Secondary Education, Ajmer, was constituted by a resolution of the Government of India, Ministry of Education, to conduct the High School and Intermediate Examination of the students reading at Ajmer. The said Board in the month of September, 1956, intimated to the petitioners that they were not eligible to sit tor the High School Examination of 1957 as they were below 14 years of age. A long correspondence with various authorities was carried on by Dr. Manohar Lal Bhargava, on behalf of all such students who had not attained the age of 14 years on the prescribed date, but without any result.

3. Regulation No. 20 passed by the Central Board, in pursuance whereof the petitionees were not held qualified to appear at the High School Examination, 1957, is as follows :—

"Notwithstanding anything contained in the Regulation of the Hoard, no candidate who is less than 14 years of age will be permitted to a pear at the High School Examination of the Board and no candidate who is less than 16 years of age will be allowed to appear at the Intermediate Examination of the Board."

By a note it was provided that—

"Age of candidates as per this Regulation will be calculated on the first of Match, of the year in which a candidate would appear at an examination. If any candidate on this date is found to have not completed the age prescribed, he will not be admitted to the examination."

Certain exceptions were made, with which we are not concerned.

4. The petitioners challenge this Regulation of the Board on the ground that it is hit by Art. 14 of Constitution, inasmuch as the Rajputana University has no lower age-limit for students appearing at the High School Examination of that University, and th$t therefore, only the students of the Ajmer schools find themselves discriminated. It is prayed that Regulation No. 20 framed by the Board as aforesaid be declared void, and the Central Board may be prohibited from enforcing the said Regulation against the petitioners.

5. Petition No. 260 of 1956 is by Surendra Kumar and Sushil Kumar, both students of the D.A.V. High School, Ajmer, and desire to sit at the High School Examination of the Board in March, 1957.

6. Petition No. 261 is by Basant Kumar and Inderchand reading at the Husband Memorial High School, Ajmer, who wish to sit at the High School Examination of the Board in March, 1957.

7. Petition No. 262 is by Jitendra Singh reading in Gautam High School Ajmer, and wishing to appear at the High School Examination of 1957.

8. Petition No. 253 of 1956 is by Sudharshan Kumar, Arun Kumar, Vijendra Kishan, Mahesh Narain, Vinod Bhushan Kumar, Balbir Singh, Rajendra Singh, Bhagwat Swaroop, and Umesh Kumar, who are students of Government Higher Secondary School, Ajmer. and wish to appear for the High School Examination of the Board in March, 1957.

9. The reply on behalf of the Board is that no fundamental right of the petitioners is involved. The Central Board provides for the education of students in certain are is by virtue of Government Resolution dated 1st July, 1924 , and its subsequent amendments, and does not make discrimination amongst any of its students. Regulation 20, which is challenged by the petitioners is applicable to all students who wish to appear for the examinations of the Board. It was also urged that Art. 14 of the Constitution was inapplicable where the rules or directions sought to be compared were issued by different authorities. It was further urged that this Regulation No. 20 was passed by the Board in April, 1954, and was duly advertised, and intimetion thereof was given to all the heads of institutions recognised by the Hoard, and, therefore, the students, who desired to take any examination of the Board, could be presumed to have done to subject to the aforesaid Regulation as also all other Regulations that ha

Click Here to Read the rest of this document