IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 3399 of 2010(Y) --------------------------------- PETITIONER(S): --------------- NAVIN SURENDRAN (MINOR) REPRESENTED BY HIS MOTHER LATHA, ASWATHY, PADANILAM.P.O., PANDALAM. BY ADV. MR.P.SREEKUMAR MR.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): --------------- 1. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, CHENNAI. 2. THE PRINCIPAL, ST. BURUSOUMAS PUBLIC SCHOOL & JUNIOR COLLEGE, AYARNIKUDY.P.O., ALAPPUZHA DISTRICT. ADVS. MR.MILLU DANDAPANI FOR R2 MR.DEVAN RAMACHANDRAN FOR R1 MR.K.M.ANEESH FOR R1 MR.SANTHOSH KUMAR.K. FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3399 of 2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF THE IDENTITY CARD ISSUED TO THE PETITONER. EXT.P2: COPY OF THE 1ST PAGE OF THE SCHOOL DIARY OF THE PETITIONER. EXT.P3: COPY OF THE RECEIPT SHOWING THE PAYMENT OF THE LAST TERM FEES OF THE PETITIONER. RESPONDENTS' EXHIBITS EXT.R2(a); COPY OF THE PROMOTION LIST OF STANDARD XI TO XII FOR THE YEAR 2008-2009 WITH RESPECT TO THE STUDENTS OF THIS RESPONDENT SCHOOL. EXT.R2(b): COPY OF THE LETTER DATED 8.1.2009 ISSUED BY THIS RESPONDENT TO THE FATHER OF THE PETITIONER. EXT.R2(c): COPY OF THE CIRCULAR DATED 12.5.2009 ISSUED BY THE FIRST RESPONDENT. EXT.R2(d): COPY OF THE LETTER ISSUED BY PETITIONER'S MOTHER TO THIS RESPONDENT. EXT.R2(e): COPY OF THE CERTIFICATE OF SCHOOL BASED EVALUATION WITH RESPONDENT TO THE PETITIONER. EXT.R2(f): COPY OF THE LETTER DATED 21.01.2010 ISSUED BY THE PETITIONER'S MOTHER TO THIS RESPONDENT. EXT.R2(g): COPY OF THE SCHEDULE WITH REGARD TO THE PRACTICAL EXAMINATIONS FOR CLASS XII FOR THE YEAR 2009-2010. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.3399 OF 2010 ------------------------------- Dated this the 29th day of July, 2010 J U D G M E N T The petitioner is a student of plus two class of the second respondent. The second respondent decided to detain him on account of his poor performance during the school year. It is challenging the detention that the petitioner has approached this Court with this writ petition seeking the following reliefs: “i. Issue a writ of mandamus or any other writ or order directing the respondents to permit the petitioner to appear for the Senior Secondary Examination [+2] conducted CBSE to be held in March 2010. ii. Issue a writ of mandamus or any other writ or order directing the 1st respondent to accept the application which has been submitted to the 2nd respondent by the petitioner condoning the delay, if any, caused and to process the same forth with. iii. Issue a writ of mandamus or any other writ or order directing the 1st respondent to conduct an enquiry into the actions of the 2nd respondent in the matter of detaining petitioner's application for the Senior Secondary examination and to take actions against the responsible officers and the school”. 2. This Court passed an interim order dated 2.3.2010 which reads as follows: “Heard the learned counsel for the petitioner, the learned Senior counsel appearing for the second respondent and W.P.(c)No.3399/10 2 the learned Standing Counsel for the first respondent. 2. It is submitted that the examination will start tomorrow, i.e. 03/03/2010. There will be a direction to the respondents to provisionally permit the petitioner to appear for the Senior Secondary Examinations (Plus Two) which will commence on 03/03/2010. The School will forward the examination fee to the first respondent at the earliest. There will be a direction to the first respondent to forward the hall ticket by fax so as to enable the petitioner to write the examination tomorrow itself. The practical examination will be conducted at the expense of the petitioner, if it is required. The result of the petitioner will be withheld for the time being. Pursuant thereto, the petitioner has already written the examination. 3. The learned counsel for the second respondent would submit that it was with the knowledge and approval of the mother of the petitioner that the petitioner was detained. He has produced Ext.R2(d) letter from the mother of the petitioner in this regard. Notwithstanding the fact that the petitioner was detained with knowledge and approval of his mother, since he has already written the examination, taking a lenient view, I direct the first respondent to declare the results of the petitioner as if he had written the examination validly. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(c)No.3399/10 3 W.P.(c)No.3399/10 4