JUDGMENT :

B.R. SARANGI, J.

1. The petitioner has filed this petition seeking to quash Annexure-5, whereby he has been declared failed in Distance Education Programme (C.T.) Examination, 2012 conducted by the Board of Secondary Education, Odisha.

2. Mr. R.K. Sahoo, learned counsel for the petitioner states that the petitioner appeared at the Distance Education Programme (C.T.) Examination, 2011 conducted by opposite party No.1 which was held in the Month of August, 2011 in D.I.E.T. Paralakhemundi, Gajapati. The result of the said examination was published on 7.7.2012 in which he was declared failed in four subjects. The opposite party No.2 issued instruction in Annexure-2 to all the Head of the Institutions for D.E.P. (C.T.) Examination, 2012, Ex-Regular clause 5(a) whereof clearly indicated that if a candidate has failed in one or more theory papers, but has passed in Practical papers securing thereby 545 marks (both in theory and practical papers) and more in aggregate shall be allowed to clear the theory papers as a compartmental candidate in maximum three consecutive examinations immediately following the one in which he/she has failed. As it appears, the petitioner has secured 5