IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 7150 of 2009(K) ----------------------------------- PETITIONER(S): ----------------------- SREE VISHNU M., (MINOR) REPRESENTED BY HIS MOTHER AND GUARDIAN SMT.SARASEEJA SREENIVASAN, W/O.SREENIVASAN, AGED 48 YEARS, VISHNUKRIPA, KANIMANGALAM, NENMARA. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ------------------------ 1. THE PRINCIPAL, GOVERNMENT BOYS HIGHER SECONDARY SCHOOL, NENMARA. 2. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, ERNAKULAM. 3. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, TRIVANDRUM. GOVT. PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.7150 of 2009 ===================== Dated this the 5th day of March, 2009. JUDGMENT Heard Sri. Jacob Sebastian, the learned counsel appearing for the petitioner and Sri. A.J. Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner is a 12th Standard student of the Government Boys Higher Secondary School, Nenmmara. In this Writ Petition, he seeks the intervention of this Court to enable him to appear for the Plus Two examination commencing on 7.3.2009. The petitioner admits that as he did not attend classes regularly, his name was struck off from the rolls and that he was re-admitted in the school pursuant to the orders issued by the Regional Deputy Director of Higher Secondary Education, Ernakulam. Thereafter, he paid examination fee and also other fees payable by him and thereupon a hall ticket was also issued, but on the ground he does not have the required attendance, the Principal returned the hall ticket to the third respondent. 3. When this Writ Petition came up for admission today, the learned Government Pleader on instructions from the first respondent submitted WP(C) 7150/09 -: 2 :- that right from the first day of the academic year 2008-2009, the petitioner was intermittently absent and his name was therefore struck off from the rolls on 10.11.2008. He also submitted that pursuant to the orders passed by the Regional Deputy Director of Higher Secondary Education, Ernakulam, the petitioner was re-admitted in the school on 7.12.2008 and that though the petitioner had paid the examination fee on 7.12.2008, the petitioner has not attended classes from 19.12.2008. The learned Government Pleader further submitted that as the petitioner had attended classes only for 64 days out of 190 days till 20.2.2009 and he does not have the minimum prescribed attendance, he is ineligible to appear for the examination commencing on 7.3.2009. 4. The Apex Court has in a series of decisions, latest of which is M.G. University v. Gis Jose - 2008 (4) K.L.T. 216 held that this Court should not permit ineligible students to appear for the examination violating the rules governing the field. On the petitioner's own showing, his name was struck off from the rolls, though he was later re-admitted. The learned Government Pleader on instructions from the Principal of the school where the petitioner is studying has informed this Court that he has attended the classes only for 64 days out of 190 days till 20.2.2009. In these circumstances, I am of the considered opinion that the petitioner who does not have the minimum prescribed attendance is not entitled to sit for the Plus Two examination commencing on 7.3.2009. For the reasons stated above, I hold that there is no merit in this WP(C) 7150/09 -: 3 :- Writ Petition. The Writ Petition fails and is accordingly dismissed. No costs. P.N.Ravindran, Judge. ess 6/3