IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 11208 of 2009(U) -------------------------------- PETITIONER: -------------- ABDUL MANAF, AGED 19 YEARS, S/O.KUNJIBRAHIM ,RESIDING AT BLCOK No.240 KALLAR PO, IDUKKI - 685 552. BY MR.S.DILEEP (KALLAR), ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA, TRIVANDRUM. 2. THE HEAD MASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, KALLAR PATTOM COLONY, IDUKKI DISTRICT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.11208 OF 2009 --------------------------------------- Dated this the 23rd day of July, 2009. J U D G M E N T The petitioner herein has approached this Court with the main prayer to direct the first respondent to dispose of Exhibit P3 representation within a time frame. The petitioner appeared for the SSLC Examination held in March 2005 from the Government Higher Secondary School, Kallar in Idukki District with Registration No.301304. When the result of the said examination was published, the petitioner happened to fail in the subject of Mathematics Papers I and II. Thereafter the petitioner appeared for the subsequent SAY examination held in June 2005. According to the petitioner, he had successfully passed the SAY examination. But, the certificate did not reach the school, and the same was not issued to him so far. 2. It is pointed out that when the petitioner contacted the authorities of the Pareeksha Bhavan on 08.02.2006, he was issued with Exhibit P2 which is the very same SSLC certificate W.P.(C) No.11208/2009 2 that was issued earlier. It is in this circumstance, the petitioner has filed Exhibit P3 representation and was forced to issue lawyer notice. It is also pointed out that no action has been taken in the matter to issue correct certificate. The petitioner was given Exhibit P5 certificate by the Headmaster stating that petitioner's SSLC certificate did not reach the school from the Pareeksha Bhawan. 3. A statement has been placed on record by the first respondent as directed by this Court. It is pointed out that in the SAY examination, SSLC card of the candidate was released to him through his guardian when he turned up at the Pareeksha Bhavan with, a direction to him that he should submit the same to the Head Teacher, GHSS, Kallar for it being affixed with the photo of the candidate and also with school seal. Besides it is to be signed by the head of the school. But it seems that the guardian of the candidate did not turn up to the school with the SSLC card. Exhibit P2 does not contain the signature of the Headmaster, the school seal and photo of the candidate. 4. It is also submitted that a report was called for from the W.P.(C) No.11208/2009 3 Headmaster of the school. The Headmaster as per letter dated 08.04.2009 informed that the petitioner got passed SAY examination with Register No.301304 in 2005 and that he had not yet been issued the Certificate due to him. But he was not produced any documentary evidence authenticating the claim that, the candidate concerned had actually got passed the Examination. It is also pointed out in the statement that a detailed enquiry including personal hearing of the parties concerned is needed in the case. In the light of the above, this writ petition is disposed of directing the Secretary of the Pareeksha Bhavan namely, the first respondent to conduct a due enquiry in the matter, with notice to the petitioner and the Headmaster of the school, and take appropriate decision within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the writ petition along with copy of the judgment for compliance. T.R. RAMACHANDRAN NAIR JUDGE smp