IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 16127 of 2010(M) -------------------------- PETITIONER: ------------------ VIJAI.S., S/O.M.G.SASIKUMAR, KAYAMPALLY HOUSE, THAMMANAM P.O., ERNAKULAM. BY ADV. MR.K.K.JAYARAJ NAMBIAR RESPONDENTS: --------------- 1. THE SECRETARY, CBSE, REGIONAL OFFICE, PLOT NO.1630, A.J.BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI-600 040. 2. THE PRINCIPAL, SARASWATHI VIDYANIKETHAN PUBLIC SCHOOL, PERANDOOR ROAD, ELAMAKKARA, KOCHI-682 026. 3. THE PRINCIPAL, CAMPION SCHOOL, EDAPPALLY, ERNAKULAM. 4. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. DIRECTOR, DIRECTORATE OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 6. MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 7. UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR. WP(C).No. 16127 of 2010 8. UNIVESRSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR. 9. UNIVERSITY OF KANNUR, REPRESENTED BY ITS REGISTRAR. ADV. MR.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R9 MR.T.A. SHAJI -SC MR.M. RAJAGOPALAN NAIR – SC MR.P.C. SASIDHARAN – SC MR.DEVAN RAMACHANDRAN -SC CBSE MR. P.N. SANTHOSH – GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.16127 OF 2010 ------------------------------- Dated this the 28th day of MAY, 2010 J U D G M E N T An unfortunate situation has arisen in this case. The petitioner in this writ petition is a Plus Two student for CBSE. He wrote the final examination. But on account of pendency of W.P. (C) No.7252/10 before this Court his results were not declared. That writ petition was disposed of on 21.5.2010 by Ext.P6 judgment, wherein I passed the following judgment. “The petitioner is a CBSC student in the Plus Two course. The petitioner is afflicted by a peculiar disease named “syringomyelia”, which does not permit the petitioner to write in the average speed in which other students write examination. Therefore, he requires more time to write his examination. His request for extension of time to complete writing the examination was not favourably considered by the respondents. It is under the above circumstances the petitioner has approached this Court. 2. This Court passed an interim order on 9-3-2010. “Heard learned counsel for the petitioner, learned standing counsel for the CBSC and learned counsel appearing for 2nd respondent. Petitioner seeks for a direction to the respondents to grant extension of time to write the examination by one hour, since he is a left hander and is suffering from syringomyelia and he is unable to write the examination in the average W.P.(c)No.16127/10 2 speed. Ext. P 4 certificate also shows the same. Therefore, there will be an interim direction as prayed for and the same will be complied with by 2nd and 3rd respondents. The same will be subject to further orders to be passed by this Court . The petitioner will produce a copy of this order before the second and third respondents for compliance.” 3. After hearing both sides, I am satisfied that the writ petition itself can be disposed of in terms of the interim order. Accordingly, the writ petition is disposed of in terms of the interim order. The petitioner's results shall be declared and the mark list of the petitioner shall be issued within time to enable the petitioner to apply for the next course”. Despite the same, the petitioner is yet to get the mark list. The petitioner is handicapped, by the fact that the last date for submitting applications for degree courses in the Universities in Kerala has been fixed as 25.5.2010. For want of the mark list, the petitioner is unable to file the application for admission. It is under the above circumstances, the petitioner has filed this writ petition inter alia seeking a direction to the four universities in Kerala namely, respondents 6 to 9, to extend the last dates fixed for submitting applications for degree courses in Colleges under those Universities. On 26.5.2010, I passed the following interim order: “The learned standing counsel for the CBSE submits that mark list of students of CBSE +2 course have already been forwarded to the respective schools yesterday and the same would W.P.(c)No.16127/10 3 reach the schools within few days. Counsel for the petitioner submits that the last date prescribed for the university for submitting applications for degree courses in the State of Kerala has already expired on 25.05.2010. The standing counsel for the respondents 6 to 9 shall get instructions as to whether in the peculiar circumstances available, in the interest of justice and the future of students of the CBSE, they are prepared to extend the time limit prescribed for submitting the applications.” Today, the learned counsel for the 6th respondent – Mahatma Gandhi University submits that although they have not extended the last date, there is a provision for submitting belated applications on payment of Rs.100/- as late fee till 31.7.2010. The University of Kerala has already extended the last date till 31.5.2010, the University of Calicut has already extended the last date till 3.6.2010 and the University of Kannur has already extended the last date till 29.5.2010. But the learned counsel for the petitioner submits that even as on today the mark list of the petitioner has not yet reached the School in which the petitioner has studied. 2. The learned counsel for the Universities would submit that they are prepared to accept an application with copy of the mark list as downloaded from the web site of the CBSE, subject to production of the original mark list subsequently. But the learned counsel for the petitioner submits that even that is not possible for the petitioner, since W.P.(c)No.16127/10 4 the petitioner's mark list has not been uploaded in the website of the CBSE. 3. The learned counsel for the CBSE suggests a solution that he would make arrangements to get a copy of the mark list through Internet or Fax and hand it over to the learned counsel for the petitioner today itself, latest by tomorrow. In the above circumstances, the writ petition is disposed of with the following directions: If the petitioner files an application for admission, along with a copy of the mark list handed over by the learned Standing Counsel for the CBSE to the learned counsel for the petitioner and along with a copy of this judgment, before any of the Colleges under respondents 6 to 8 or the University Departments, the same shall be accepted by that College or Department, subject to production of the original mark list subsequently before admission. The CBSE shall make arrangements to see that the original mark list of the petitioner reaches the school along with those of other students of the school, where the petitioner has studied, by next week itself. As far as the 6th respondent university is W.P.(c)No.16127/10 5 concerned, the petitioner has to file the application along with late fee of Rs.100/-. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Issue copy of the judgment urgently today itself to all parties. acd W.P.(c)No.16127/10 6