IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 8551 of 2011(T) ------------------------- PETITIONER(S): --------------- MERLIN SUSAN ANI, D/O. ANI.P.K, PAZHAYIDATHU HOUSE, THUKALASSERI, REPRESENTED BY LAWFUL GUARDIAN (MOTHER), RANNIE P. ANI, PAZHAYIDATHU HOUSE, THUKALASSERI, THIRUVALLA. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): --------------- 1. THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION, NEW DELHI - 110 001. 2. THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, NEW DELHI - 110 001. 3. THE SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, NEW DELHI - 110 001. 4. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, 1630 -A, NEW NUMBER -3, BLOCK NO.16TH MAIN ROAD, 16TH STREET, ANNA NAGAR - 600 040. 5. THE PRINCIPAL, ST. MARY'S RESIDENTIAL PUBLIC SCHOOL, PALLIAKKARA, THIRUVALLA - 689 101. SC SRI. CBSE SRI. DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.8551 OF 2011(T) -------------------------------------------------- Dated this the 25th day of March, 2011 J U D G M E N T Petitioner is a XIIth standard student of the 5th respondent School. According to the petitioner, CBSE examination commenced with effect from Ist March, 2011 and it is alleged that the question papers of Physics and Chemistry leaked at Kar Nicobar Island and therefore examinations of the subjects held even in Kerala should be cancelled and held again. 2. Standing counsel for the CBSE has obtained instructions in the matter. According to the Standing Counsel there was no leakage of the question papers as alleged by the petitioner. It is submitted that when the examinationswere scheduled, it was found that the question paper bundles were tampered with. On noticing the tampering of the bundles, question papers itself were recalled and the examinations in that area mentioned by the petitioner have been rescheduled. It is also submitted that in any case no prejudice has been caused to anybody for the reason that the examinations in places including Kerala were scheduled on 1.3.2011 and therefore there was no chance of the question WPC.No.8551/2011 :2 : papers reaching in Kerala. 3. From the submissions made by the Standing Counsel for the CBSE, it is obvious that there was no leakage of question papers nor petitioner also could not establish this contention in any manner. Further the CBSE have recalled the question papers in the area where the tampering of the question paper bundles have been detected and the examination have been re-scheduled also. In such a case, no prejudice of any manner has been caused to the petitioner or the other students. Therefore I am not inclined to direct re-examination of the concerned subjects as sought for by the petitioner. Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/