IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 5298 of 2010(J) ------------------------- PETITIONER(S): --------------- SREERAK,S/O.JYOTHI PRAKASH(MINOR AGED 17 YEARS),PLUS TWO STUDENT, RANI PUBLIC SCHOOL, CHORODE VADAKARA, KOZHIKODE DIST, THROUGH GUARDIAN(UNCLE) M.K.ANIL KUMAR, ADVOCATE, NANDANIVAS, THOTTAD PO, KANNUR DIST. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.GEORGE MATHEWS RESPONDENT(S): --------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION NEW DELHI REPRESENTED BY ITS SECRETARY. 2. THE CONTROLLER OF EXAMINATIONS, C.B.S.E., NEW DELHI. 3. THE PRINCIPAL, RANI PUBLIC SCHOOL, CHORODE, VADAKARA, KOZHIKODE DIST. BY A DV. SRI DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, A/W. W.P.C. NO. 5767/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) Nos. 5298 & 5767 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 25th day of May, 2010. J U D G M E N T The petitioners in these two writ petitions are Standard XII students studying for the Central Board of Secondary Education Examination. They were not permitted to write the examination on account of shortage of attendance for a few days. In the above circumstances, they have approached this Court. 2. On 25-2-2010, this Court passed an interim order in these two writ petitions as follows: “Heard learned counsel for the petitioners, learned standing counsel for the CBSE and learned standing counsel appearing for the school. 2. In these two cases, the petitioners are seeking for a direction to allow them to appear for the CBSE Examination for Class XII commencing from 3.3.2010. The practical examination in respect of various subjects are over already. What is remained is the issue regarding the condonation of attendance. 3. Learned standing counsel appearing for the school submitted that they had sufficiently given information earlier to the students, but there was no action on their part to get the condonation of attendance. This is a matter for determination at the final stage. In the meanwhile, there will be an interim direction as prayed for. 4. With regard to the practical examination, if the petitioners are ready to bear the expenses, the same will be conducted in the school itself. The CBSE will appoint the Examiner for the conduct of the practical examination which will be done at the earliest. The above arrangement will be subject to further orders to be passed in the writ petitions. The petitioners will be issued hall tickets by the school for appearing for theory examination.” The examinations are over. The results of the petitioners have been withheld. In view of the fact that the shortage of attendance is only for a few days, I am inclined to take a lenient view in the matter permitting the petitioners to keep the result of the examination W.P.C. No. 5298 & 5767/2010. -: 2 :- written by them on the strength of the interim order. Accordingly, these writ petitions are disposed of directing the respondents to declare the results of the petitioners' examinations as one written validly. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.