IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WA.No. 237 of 2010() -------------------- AGAINST THE ORDER IN WPC.35133/2009 Dated 05/02/2010 .................... APPELLANT(S): APPELLANT ----------------------- MANAGER, GOOD SHEPHERD E.M.H.S.S., PARUMALA, THIRUVALLA. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): RESPONDENTS -------------------------- 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. SECRETARY TO COMMISSIONER FOR GOVERNMENT EXAMINATIONS, POOJAPPURA, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & S.S.SATHEESACHANDRAN, JJ. ---------------------------------------------- W.A. No.237 of 2010 ---------------------------------------------- Dated 15th February, 2010. J U D G M E N T Balakrishnan Nair, J. The writ petitioner is the appellant. The Writ Appeal is is filed, challenging the interim order passed by the learned Single Judge. Though the appellant prayed for staying Ext.P1 and also further proceedings pursuant to Ext.P2, the leaned Single Judge declined to grant the relief. 2. Ext.P1 is an order dated 24.11.2009, passed by the Secretary to the Commissioner for Government examinations, ordering not to treat the appellant's school as an examination centre, for the forthcoming SSLC examination. Ext.P2 is the show cause notice issued to the appellant, proposing to withdraw the recognition granted to the appellant's school. 3. We notice that the decision in Ext.P1 has been taken, having regard to certain past irregularities committed by the appellant, in the matter of presenting the students for the SSLC examination. From the submissions made by the learned Government Pleader after getting instructions, it is understood WA NO.237/2010 2 that the students who are not likely to pass the examination with good marks were debarred from taking the examination, so that the school would have cent percent results. That is the gravamen of the allegations against the appellant. We asked the learned Government Pleader to get specific instructions whether any mal practices have been committed in the conduct of the examination. The learned Government Pleader submitted that there were no such allegations. The allegations were only those relating to barring students, who were likely to get low marks or fail in the examination, from taking the examination. 4. If the appellant's school is not treated as an examination centre, the same will cause very serious prejudice to the students and their parents. Though the action of the appellant in barring students with poor marks has to be condemned, we think, having regard to the inconvenience of other students, the appellant's school should be treated as an examination centre for the SSLC examination of March, 2010, subject to the condition that this year the school will not debar any student from taking the examination, who is otherwise WA NO.237/2010 3 qualified, like having the necessary attendance etc. Subject to that condition, we stay Ext.P1 and the consequential order Annexure A1 to the extent it concerns the appellant's school and direct the respondents to treat the appellant's school as an examination centre for the forthcoming SSLC examination. But, it is clarified that the competent authority can proceed with Ext.P2 proceedings and if the recognition of the school is withdrawn before the disposal of this Writ Petition, this interim order will stand automatically vacated. Needless to say, the interim order granted by this judgment will remain in force only till the disposal of the Writ Petition and the contentions of the parties shall not be affected by it. The Writ Appeal is allowed as above. K.BALAKRISHNAN NAIR, JUDGE. S.S.SATHEESACHANDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & S.S.SATHEESACHANDRAN, JJ. ---------------------------------------------- W.A. No.237 of 2010 ---------------------------------------------- J U D G M E N T Dated 15th February, 2010.