Standard XII students seeking relief due to disqualification from CBSE XI examination on grounds of absence. Court permitted exam appearance and ordered declaration of results as valid.
Directions to respondents to declare results valid; permission to appear for theory examination.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932
WP(C).No. 5298 of 2010(J)
PETITIONER(S):
SREERAK,S/O.JYOTHI PRAKASH(MINOR AGED 17 YEARS),PLUS TWO STUDENT, RANI PUBLIC SCHOOL, CHORODE VADAKARA, KOZHIKODE DIST, THROUGH GUARDIAN(UNCLE) M.K.ANIL KUMAR, ADVOCATE, NANDANIVAS, THOTTAD PO, KANNUR DIST.
BY ADV. SRI.GRASHIOUS KURIAKOSE
SRI.GEORGE MATHEWS
RESPONDENT(S):
BY A DV. SRI DEVAN RAMACHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, A/W. W.P.C. NO. 5767/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S. Siri Jagan, J.
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W.P(C) Nos. 5298 & 5767 of 2010
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Dated this, the 25th day of May, 2010.
J U D G M E N T
The petitioners in these two writ petitions are Standard XII students studying for the Central Board of Secondary Education Examination. They were not permitted to write the examination on account of shortage of attendance for a few days. In the above circumstances, they have approached this Court.
“Heard learned counsel for the petitioners, learned standing counsel for the CBSE and learned standing counsel appearing for the school.
The examinations are over. The results of the petitioners have been withheld. In view of the fact that the shortage of attendance is only for a few days, I am inclined to take a lenient view in the matter permitting the petitioners to keep the result of the examination
W.P.C. No. 5298 & 5767/2010. -: 2 :-
written by them on the strength of the interim order.
Accordingly, these writ petitions are disposed of directing the respondents to declare the results of the petitioners' examinations as one written validly.
Sd/- S. Siri Jagan, Judge.
Tds/
[TRUE COPY]
P.S TO JUDGE.
2 issues framed by the court
Whether petitioners permitted to appear for CBSE Examination despite shortage of attendance?
Whether results of petitioners' examinations withheld due to absence can be declared valid?
SREERAK AND PLUS TWO STUDENTS
THE CENTRAL BOARD OF SECONDARY EDUCATION NEW DELHI
THE CONTROLLER OF EXAMINATIONS, C.B.S.E.
THE PRINCIPAL, RANI PUBLIC SCHOOL, CHORODE
S. SIRI JUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
