IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 1584 of 1998(L) -------------------------------- PETITIONER: ------------------- 1. CHOWALLOOR BIJOY LAZER (MINOR). REP.BY HIS GUARDIAN LAZER CHOWALLOOR, CHOWALLOOR HOUSE, PUVATHUR, CHAVAKKAD. 2. SURABHI K.R.MINOR), REP.BY GUARDIAN SULOCHANA K.K., KANDIYOOR HOUSE. 3. PRAMOD KUMAR A.M., (MINOR) REP.BY HIS GUARDIAN MOHANAN A.A., ARIKANNIYUR HOUSE, KAMBAZHIKAD, MATTOM. 4. SREELAKHA K.M., ( MINOR) REP.BY HER GUARDIAN SATHYABHAMA, SREESADAN, KAITHAKKAT HOUSE, KOTTAPPADY. 5. SYAM MUKUNDAN THUVARA (MINOR) REP.BY HIS GUARDIAN MUKUNDAN, T., THUVARA HOUSE, BRINDAVAN, ELAVALLY. 6. JOSEPH C.SUNNY (MINOR) REP.BY HIS GUARDIAN JOY JOSEPH, CHAKKARA MAKKIL HOUSE, JOSE VILLA, PALUVAI P.O. 7. SIMI SIDHARTHAN (MINOR), REP.BY HER GUARDIAN ANILKUMAR K.S., KANJIRAPPARAMBIL HOUSE, THIRUVATHRA CHAVAKKAD. 8. PULIKOTTIL DON JOSE (MINOR) REP.BY HIS GUARDIAN P.F.JOSE, PULIKOTTIL HOUSE, CHITTATTUKARA. 9. DEEPTHI SANKARAN (MINOR), REP.BY HER GUARDIAN THANKAM, PALLIPATT HOUSE, ARIYANNOOR P.O., TRICHUR. 10. SARJOJI T.S.(MINOR), REP.BY HIS GUARDIAN GEETHA C.V., THAIVALAPPIL HOUSE, OPP. U.P.SCHOOL, EDAKALTHUR, PARAPPUR. OP. NO.1584/1998 11. ROBIN VARGHESE MANOKEY (MINOR), REP.BY HIS GUARDIAN ROSILY VARGHESE, MAROKEY (PACHIM) HOUSE, THAIKKAD. 12. NAIR SINDU PURUSHOTHAMAN (MINOR), REP.BY HER GUARDIAN PURUSHOTHAMAN, VIJAYA SADAN, WEST NADA, GURUVAYOOR. 13. THALEKARA VASU SABITHA (MINOR), REP.BY HER GUARDIAN SANJISH T.V., THAMARAYUR, KOTTAPPADY. 14. SABEENA JAMALU (MINOR) REP.BY HER GUARDIAN T.T.JAMALU, THARAYIL HOUSE, PAVARATTY. 15. RAJESH S.(MINOR), REP.BY GUARDIAN, K.G.SARASWATHY, KALARIKAL HOUSE, KADAVALLUR P.O., ELAVALLY. 16. SREEJA K.M.(MINOR), REP.BY HER GUARDIAN SATHYABHAMA N.SREESADAN, KAITHAKKAT HOUSE, KOTTAPPADY. 17. SHINY A.B., (MINOR), REP.BY HER GUARDIAN SHEELA V.B., AINIPULLY HOUSE, MANATHALA, CHAVAKKAD. 18. SHINTHU ARJUNAN (MINOR), REP.BY HER GUARDIAN USHAKUMARI K.S., KOODAKARA HOUSE, MULLASSERY. 19. SONA P.S. (MINOR) REP.BY HER GUARDIAN LALITHA V.V., VATTAPARAMBIL HOUSE, KANDAMISSERY. 20. PRADEEP NAIR ( MINOR) REP.BY HIS GUARDIAN VISWANATHAN NAIR, PANTHALIL HOUSE, KOONAMOOCHI. BY ADV. SRI.K.RADHAKRISHNAN SRI.D.SOMASUNDRAM OP. NO.1584/1998 RESPONDENTS: ------------------------ 1. STATE OF KERALA REP.BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, DEVI ACCADAMY SENIOR SECONDARY SCHOOL, KOLAZHI. 4. THE PRINCIPAL , DEVI ACCADAMY SENIOR SECONDARY SCHOOL, GURUVAYOOR. 5. THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION, SIKHA KENDRA COMMUNITY CENTRE, PREET VIHBAR, DELHI 110 092. BY ADV. SRI.GEORGE POONTHOTTAM SC FOR CBSE - R5 SRI.D.SREEKUMAR - R4 SMT.JALAJA SREENIVASAN - R3 GOVERNMENT PLEADER SRI.MATHEW G.VADAKKEL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO. 1584/1998 ORDER ON CMP. NO.2871/1998 IN OP. NO.1584/1998 DISMISSED 08.02.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE JUDGMENT DT. 6.2.907 IN OP. NO.2209/97 OF THIS HONOURABLE COURT. EXT.P2:- COPY OF THE JUDGMENT DT. 18.6.97 IN W.A. NO.978/97 OF THIS HONOURABLE COURT. EXT.P3:- COPY OF THE PRESS RELEASE ISSUED BY CBSE PUBLISHED IN INDIAN EXPRESS DAILY COCHIN EDITION DT. 16.8.97. EXT.P4:- COPY OF THE ORDER NO.75072/97/Hi/DPI DT. 24.10.97 OF THE 2ND RESPONDENT. EXT.P4(a):- COPY OF THE ANNEXURE-I OF EXT.P4. EXT.P4(b):- COPY OF THE ANNEXURE III OF EXT.P4. EXT.P5:- COPY OF THE LETTER NO.DA/TCR/78/97-98 DT. 3.11.97 ISSUED BY CBSE TO THE 3RD RESPONDENT. EXT.P6:- COPY OF THE ORDER NO.1/CBSE/HQ/F.796/97/497 DT. 28.1.97 PASSED BY C.B.S.E. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. ========================= O.P.No.1584 of 1998-L. ========================= Dated this the 8th day of February, 2008. J U D G M E N T The petitioners herein were students in Standards Xth and XIIth of the 4th respondent's school. Believing that the school is affiliated to the Central Board of Secondary Education the petitioners joined the school. Ext.P6 is the order under challenge. By Ext.P6 the CBSE refused admission of the students as the school remains unaffiliated. 2. In CMP.No.2871/1998 a learned Single Judge passed an order on 23.1.1998 wherein the direction sought for permission to write the examination was refused and the CMP was dismissed. This was challenged in appeal WA.No.600/1998. After noticing the contentions of the parties the Division Bench held that, without studying in an affiliated school they cannot write for Xth and XIIth standard examinations and the rules cannot be relaxed by the O.P.No.1584 of 1998-L. 2 school. In the order passed by the Division Bench there was a further direction to the appellants to forward the Transfer Certificates to the CBSE for counter signature and the CBSE was directed to take a pragmatic view in the matter. 3. Therefore, the directions in the Writ Appeal will govern the matter. No further orders are called for. The Original Petition is accordingly closed. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-