IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 4952 of 2008 Between: Sharada High School, Mustafa Nagar, Khammam rep. by Secretary- cum-Correspondent, Mr. G. Skylab. ..... PETITIONER AND 1 The Commissionerate of Government Examiniations Andhra Pradesh, Hyderabad rep. by its Commissioner / Director 2 The Deputy Commissionerate of Government Examiniations Andhra Pradesh, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order preferably in the nature of writ of Certiorari and after calling for records pertaining to the impugned order or rejection Rc.No.16/D30-1/08 dated 26.02.2008 issued by the 1st respondent rejecting and returning the documents and refusing to permit the 16 students to take SSC Examination to be conducted on 24th March 2008 as illegal, arbitrary and unconstitutional and quash the same as such and consequently direct the respondents to accept the fees and related documents and permit the 16 students to take the SSC Examination by issuing Hall Tickets and to pass Counsel for the Petitioner: DR.K.LAKSHMI NARASIMHA Counsel for the Respondent No.: GP FOR EDUCATION WRIT PETITION NO : 4965 of 2008 Between: New Victory Talent School, Guttala bazar, Khammam rep.by Correspondent Mr.B.Mohan Reddy ..... PETITIONER AND 1 The Commissionerate of Government Examinations AP Hyderabad, rep.by its Commissioner Director 2 The Deputy Commissioner Commissionerate of Government of Examinations, AP,Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order preferably in the nature of writ of certiorari and after calling for records perataining to the impugned order of Rejection Rc.no.16/D30-1/08 dated 26.2.2008 issued by the 1st respondent rejecting and returning the documents and refusing to permit the 6 students to take SSC Examination to be conducted and quash the same as such and consequently direct the respondents to accept the fees and related document and permit the 16 students to take the SSC Examinations by issuing Hall Tickets and pass Counsel for the Petitioner: DR.K.LAKSHMI NARASIMHA Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : COMMON ORDER: In both these writ petitions several students, who have prosecuted their X class, which is Secondary School Certificate course, could not appear for the public examinations which are slated to be conducted from 24-03-2008 onwards. The solitary reason that had come in their way from taking this public examination was only due to the failure of the management of the school concerned in remitting their examination fee into the Government account in time. The facts brought out in these two cases have disclosed either lack of proper supervision and diligence on the part of the management of the schools on their ministerial staff or their own willful culpability. I do not wish to go into the said controversy, it is for the management. But, however, keeping in view that the Commissioner for Government Examinations, who has been entrusted with the task of conducting these public examinations, had to make enormous arrangements far ahead of the scheduled beginning of the examinations for the purpose of maintaining high degree of vigilance over the entire exercise. It may not be possible for him to dilute the standards of such vigilance and compromise on the procedures later on. In fact, the learned Government Pleader for School Education, who realizing the grave urgency of the matter, had already interacted with the Director of Government Examinations and secured written instructions in the matter and submitted the same. It has been made clear that assigning of Roll Numbers and jumbling of candidates will be done by the computer agency through application software on the entire data base at a stretch after purifying the data several times and hence it is not possible to make any last minute arrangements for conducting the examinations for few students. This procedure has been obviously devised to ensure that there will not be any misadventure indulged in by anyone to have advance knowledge of the question papers or access to the examination material. In these set of circumstances, I do not wish to admit these writ petitions for further scrutiny. But, however, learned Government Pleader has assured this Court that if the school managements remit the fee of the students in time, the students concerned will be permitted to appear in the SSC examinations, which will be conducted during the month of May, 2008 or sometime thereafter under the scheme called Instant Examinations, which are conducted to enable those students who have failed in the SSC public examinations conducted during March, 2008 to appear and thus save the academic year. The suggestion made by the learned Government Pleader for School Education commends for acceptance. I hope and trust that the managements of the writ petitioner schools would do all that is needed to ensure that the students, for no fault of whom they were denied from appearing in the public examinations during March, 2008, will appear for the Instant Examinations that are likely to be conducted during May, 2008. It is needless to observe that the writ petitioners realizing the gravity of the impact of the mistake committed in the process will have on the careers of the students concerned, had undertaken to compensate such students properly. I, therefore, direct that each of the students who has missed out from appearing at March, 2008 examinations be paid a sum of Rs.5,000/- by way of demand draft by the school concerned as a token amount of compensation. The writ petitioner schools will deposit the demand drafts obtained for the aforesaid amount in the name of each of the effected students together with their addresses and prepaid register post covers with the Registrar (Judicial) of this court within 15 days, who will forward the same with a copy of this order thereafter. The writ petitions are accordingly disposed of. No costs. ______________________________ NOOTY RAMAMOHANA RAO,J Date: 10-03-2008 KLP