Petitioner sought direction for examination appearance despite low attendance. Court found no relief merited under writ jurisdiction but allowed re-admission prospect.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 26TH DAY OF FEBRUARY 2016/7TH PHALGUNA, 1937
WP(C).No. 6055 of 2016 (F)
PETITIONER:
GODWIN DANIEL (MINOR), AGED 16 YEARS, S/O.GODWIN SAMUEL, CHRIST NIVAS, KANJIRAMKULAM, THIRUPURAM P O, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY HIS FATHER GODWIN SAMUEL, AGED 40 YEARS, S/O.GEORGE, CHRIST NIVAS, KANJIRAMKULAM, THIRUPURAM P O, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.S.V.PREMAKUMARAN NAIR
SRI.R.T.PRADEEP SMT.M.BINDUDAS SMT.P.S.ANJU
RESPONDENTS:
1. CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS REGIONAL OFFICER, REGIONAL OFFICE, NEW NO 3 (OLD NO 1630-A)J BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI 600040.
2. REGIONAL OFFICER, REGIONAL OFFICE, CENTRAL BOARD OF SECONDARY EDUCATION, PATTOM, THIRUVANANTHAPURAM 695001.
3. PRINCIPAL,
JAWAHAR CENTRAL SCHOOL (SENIOR SECONDARY), JAWAHAR NAGAR, KANJIRAMKULAM PO , THIRUVANANTHAPURAM-695524.
R1 & 2 BY SRI.K.M.ANEESH R3 BY ADVS. SRI.P.RAMAKRISHNAN
SMT.PREETHI KESAVAN SRI.T.C.KRISHNA SRI.C.ANIL KUMAR SMT.ASHA K.SHENOY SRI.PRATAP ABRAHAM VARGHESE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 6055 of 2016 (F)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A. MUHAMED MUSTAQUE, J.
W.P.(C).No. 6055 of 2016
------------------------------------------------------Dated this the 26th day of February, 2016
JUDGMENT
The petitioner is a 10th standard student studying in
third respondent school. The petitioner seeks a direction to the respondents permitting him to appear in the
10th standard examination.
regulation, the petitioner cannot be permitted to attend the examination.
of the CBSE has the power to condone the maximum deficit
of attendance of 15%. Therefore, even if the Chairman
W.P.(C).No. 6055 of 2016 -2-
exercises the power, the petitioner cannot be permitted to
attend the examination.
find any merit in this writ petition. Accordingly, the writ petition is dismissed.
However, this will not stand in the way of the petitioner in seeking re-admission in the same school, subject to the
payment of fees.
Sd/-
A. MUHAMED MUSTAQUE JUDGE
bpr
1 issue framed by the court
Whether a petitioner with low attendance can be permitted to appear in the 10th standard examination under Article 226.
GODWIN DANIEL
CENTRAL BOARD OF SECONDARY EDUCATION
REGIONAL OFFICER, REGIONAL OFFICE, CENTRAL BOARD OF SECONDARY EDUCATION, PATTOM, THIRUVANANTHAPURAM
PRINCIPAL, JAWAHAR CENTRAL SCHOOL (SENIOR SECONDARY), JAWAHAR NAGAR, KANJIRAMKULAM
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
