IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 5762 of 2011(U) ------------------------------------- PETITIONER: ------------------- SEENA SUGATHAN, AGED 37, KANIYAMPARAMBIL AISWARYA LANE, ELAMAKKARA, COCHIN – 26. BY ADV. SMT.SANDHYA RAJU. RESPONDENTS: ------------------------ 1. PRINCIPAL, HIGHER SECONDARY, GOVERNMENT HIGHER SECONDARY SCHOOL, ELAMAKKARA, COCHIN -26. 2. PRINCIPAL SECRETARY, MINISTRY OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM -1. 3. DISTRICT EDUCATION OFFICE, OLD COLLECTORATE, NEAR ERANAKULATHAPPAN TEMPLE, ERNAKULAM-11. 4. MS. SOBHA, CLASS TEACHER, GOVT. HIGHER SECONDARY SCHOOL, ELAMAKKARA, COCHIN -26. 5. MS.SEENA, TEACHER (PHYSICS) GOVT. HIGHER SECONDARY SCHOOL, ELAMAKKARA, COCHIN -26. W.P.(C). NO.5762/2011-U: *ADDL. R6 IMPLEADED 6. REGIONAL DEPUTY DIRECTOR OF EDUCATION, EDAPPALLY RAGHAVAN PILLAI ROAD, DEVANKULANGARA, EDAPPALLY, ERNAKULAM, PIN – 682 024. *IMPLEADED VIDE ORDER DT. 23/02/2011 IN I.A. 3179/11. R1 TO R3 & ADDL.R6 BY GOVERNMENT PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.5762 OF 2011 --------------------------------------- Dated this the 8th day of March, 2011. J U D G M E N T The petitioner is the mother of a Plus 1 student of the Government Higher Secondary School, Elamakkara. This writ petition was filed mainly for a direction to the respondents not to take any action preventing the petitioner's daughter to appear for the Board Examination. 2. The petitioner has stated various reasons for the alleged attitude of the school authorities which has resulted in the apprehended denial of the right of the child to appear for the examination. 3. The 1st respondent has filed a counter affidavit wherein the allegations raised by the petitioner in the writ petition have been denied. Various aspects have been pointed out therein to justify the attitude taken by the school authorities. It is also the case of the 1st respondent that there had not been any denial of the right of the daughter of the petitioner Keerthana for her W.P.(C) No.5762/2011 2 appearance in the model examination. It is indicated in the counter affidavit that the continued absence of the daughter of the petitioner for more than 16 days has to be condoned or regularized by submitting a leave application under medical grounds as per the rules. After the filing of the counter affidavit, leave application has been submitted which has already been acted upon by the 1st respondent. It is submitted that Hall Ticket has already been issued to the student. Therefore, no further orders are called for in the writ petition and the same is accordingly disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp