Pronouncing the orders here today, Justice Swatanter Kumar observed: "It is directed that the examination forms, which had already been submitted to the board in furtherance of the order of the honourable division bench dated December 14, 1998, be duly processed by the Board and Roll Numbers issued to the candidates within three days from today".

Justice Kumar further observed: "The students are not at fault. They were admitted in accordance with the law. They studied for two years undisputedly and have passed the 11th class in the first attempt. This would make them fully eligible to take the examination after one academic session of the 11th class''.

"In these circumstances even the principle of equity, which is the very foundation of the exercise of power under the writ jurisdiction, would tilt in favour of the petitioners for grant of relief," the order stated.

The judge noted that no by-law had been brought to his notice which disqualified a candidate or rendered him ineligible, if he had passed the matriculation examination in the second attempt. The judge, therefore, held that the petitioners were entitled to continue their study and appear in the Class XII examination.

Earlier, in their petition, Gaurav Minhas and others had sought the quashing of the board's instruction, declaring them and the similarly situated candidates who had passed the Class X examination in the second chance in April 1998, ineligible to appear in the Class XII examination in 1999.

The petitioners had also sought directions to the board to allow them to continue their studies and to forward their completed forms for appearing in the Class XII examination to be conducted by the board in March 1999.