Petitioner sought Writ relief for declaration of results in 12th Standard after Central Board of Secondary Education withheld them due to school's failure to intimate admission. Court declared valid registration and ordered immediate declaration of results.
Petitioner declared validly registered and results to be declared forthwith.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937
WP(C).No. 3764 of 2015 (U)
PETITIONER(S) :
AISWARYA M.PILLAI, AGED 17 YEARS, D/O.MAHESWARAN PILLAI, VADAKKEDATHU BUNGALOW, PATHIYOORKALA, KEERIKAD P.O., ALAPPUZHA DISTRICT, REPRESENTED BY HER FATHER AND NATURAL GUARDIAN, MAHESWARAN PILLAI, AGED 65 YEARS, S/O.SIVARAMA PILLAI, VADAKKEDATHU BUNGALOW, PATHIYOORKALA, KEERIKAD P.O., ALAPPUZHA DISTRICT.
BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU
RESPONDENT(S) :
1. THE CENTRAL BOARD OF SECONDARY EDUCATION, 2 COMMUNITY CENTRE, PREET VIHAR , DELHI-110 301, REPRESENTED BY ITS CHAIRMAN.
2. THE ASSISTANT SECRETARY, 2, COMMUNITY CENTRE , PREET VIHAR, DELHI-110 301.
3. THE CONTROLLER OF THE EXAMINATIONS. CENTRAL BOARD OF SECONDARY EDUCATION, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 301.
4. THE ASSISTANT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM-695 004.
5. JANASAKTHI PUBLIC SCHOOL, VELANCHIRA, PATTOLI MARKET P.O., KAYAMKULAM, ALAPPUZHA DISTRICT- 695 004, REPRESENTED BY ITS PRINCIPAL.
6. THE PRINCIPAL, JANASAKTHI PUBLIC SCHOOL, VELANCHIRA, PATTOLI MARKET P.O., KAYAMKULAM, ALAPPUZHA DISTRICT- 690 502.
R1 TO R4 BY SRI.DEVAN RAMACHANDRAN, S.C R6 BY ADVS. SRI.P.SREEKUMAR SRI.Y.SREEKUMAR BAL SRI.T.S.SARATH SMT.P.M.MAZNA MANSOOR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 3764 of 2015 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
P1 SERIES: TRUE COPIES OF THE MARK LISTS IN RESPECT OF UNIT TESTS ATTENDED BY THE PETITIONER'S DAUGHTER FOR THE ACADEMIC YEARS 2014-2015.
P2 SERIES: TRUE COPIES OF CERTIFICATES SECURED BY THE PETITIONER'S DAUGHTER FOR VARIOUS CULTURAL ACTIVITIES.
P5: TRUE COPY OF THE LETTER NO.HPD/CBSE/2015 DATED 07/01/2015 SEND BY THE PRINCIPAL, AMRITA VIDYALAYAM TO THE 6TH RESPONDENT. P6: TRUE COPY OF THE COMMUNICATION SENT BY THE SIXTH RESPONDENT TO THE 2ND RESPONDENT.
P7: TRUE COPY OF THE ORDER DATED 10.02.2015 IN W.P.(C).NO.3764/2015 OF THIS HON'BLE COURT. P8: TRUE COPY OF THE ADMISSION CARD ISSUED TO THE PETITIONER'S DAUGHTER.
P9: TRUE COPY OF THE COMMUNICATION RECEIVED THROUGH INTERNET.
RESPONDENT(S)' EXHIBITS
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
K. VINOD CHANDRAN, J.
W.P(C). No.3764 of 2015
--------------------------------------Dated this the 10th day of June, 2015.
JUDGMENT
The petitioner was aggrieved with the refusal of the C.B.S.E. to participate in the 12th Standard Examination held in 2015 for the Academic year 2014-2015. The peculiar facts coming to fore in the above writ petition is that the petitioner had completed her 11th Standard in another School and due to health reasons had sought for transfer to the 5th respondent School. The 5th respondent School, however, failed to intimate the C.B.S.E. about the admission of the petitioner.
W.P(C). No.3764 of 2015
2
petition, had directed provisional admission of the petitioner for the 12th Standard Examination and the petitioner has now participated in the Examination. The petitioner's results are withheld only for reason of the afore noticed defect being that of the C.B.S.E. having not registered her, solely for the reason that the 5th respondent having not intimated her admission. The School has now forwarded the name of the petitioner, admitting the default and seeking ratification of such admission made. The results, as indicated in Ext.P9, are not declared only because of the aforesaid defect.
In such circumstances, it is declared that the petitioner is validly registered as a student appearing in the 12th Standard for the Academic year 2014-2015 with the C.B.S.E., from the 5th respondent School. The petitioner's results shall be declared forthwith.
The writ petition is allowed.
K. VINOD CHANDRAN, JUDGE
sp
3 issues framed by the court
Whether the petitioner is validly registered despite the school's failure to intimate admission to the board.
Whether the petitioner's results should be declared after the board admits the defunct in registration procedure.
Whether writ petition allowing provisional registration and declaration of results is maintainable.
Aishwarya M. Pillai
Central Board of Secondary Education
Assistant Secretary, C.B.S.E.
Controller of the Examinations
Assistant Secretary, Regional Office Pattom
Janasakthi Public School
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
