IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 1361 of 2010(U) ------------------------- PETITIONER(S): --------------- MINOR,ANJU JOY, AGED 17 YEARS, (REP.BY FATHER AND GUARDIAN MR.P.O.JOY), PUTHIYAMADOM HOUSE, KODANAD.P.O, KUNNATHUNADU TALUK, ERNAKULAM DSITRICT, PIN-683 544. BY ADV. SRI.C.J.JOY RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, BOARD OF HIGHER SECONDARY EXAMINATIONS, THIRUVANANTHAPURAM. 2. THE JOINT DIRECTOR, BOARD OF HIGHER SECONDARY EXAMINATIONS, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, CHERANALLOR GOVERNMENT HIGHER SECONDARY SCHOOL, KOOVAPPADI.P.O, ERNAKULAM DISTRICT. GOVT. PLEADER SRI. T.T.MEHAMOOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 1361 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th day of January, 2010. J U D G M E N T The petitioner is a minor represented by her father and guardian. She appeared for the 12th standard science group examination in 2009. Although she scored 63% marks in total, she failed in mathematics. She wanted to register for the SAY examination to be conducted in March, 2010. When she enquired about the date, she was told that the date is yet to be announced. According to the petitioner, the petitioner fell ill and was on bed rest for six weeks. The petitioner claims to be living in a remote village and petitioner's house does not have a telephone connection. Her parents are uneducated labourers. Although the petitioner requested her classmate, who was also planning to appear for SAY, to intimate her the date when it is announced, the classmate also did not inform the petitioner the date. When she again approached the 3rd respondent on 3-1-2010, she was told that the last date had already expired on 31-12-2009. Although the petitioner submitted Ext. P2 application for registration, the 3rd respondent refused to accept the same and the fees thereof without orders from the superiors. It is under the above circumstances, the petitioner has approached this Court seeking the following reliefs: “i) issue a writ of mandamus directing the 3rd respondent to receive Ext. P2 application and fees for Registration for the SAY Examination, March, 2010 from the petitioner and forward the same to the authorities for Registration. ii) Issue a writ of mandamus commanding respondents 1 & 2 to register the petitioner for SAY Examination, March, 2010 and permit her to appear for the said examination.” W.P.C. No. 1361/10 -: 2 :- 2. I have heard the learned counsel for the petitioner as also the learned Government Pleader. 3. Perhaps, the petitioner deserves sympathy, I cannot on the ground of sympathy direct the respondents to accept applications disregarding the last date prescribed for submitting application for registration for the examination. If I do, that would lead to chaos in the conduct of the examination itself. Similar other requests also then have to be entertained and the same would affect the arrangements for the examination, which have to be made sufficiently in advance. Therefore, notwithstanding the sympathy, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.