FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE WRIT PETITION NO.2621 OF 2009 WRIT PETITION NO.2621 OF 2009 WRIT PETITION NO.2621 OF 2009 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Ms Shaila Pandey, for the petitioner. Mr Kiran Gandhi i/b M/s Little & Co, for respondent no.2. Mr Vinay Masurkar, GP, for respondent no.1. CORAM: S.B.MHASE & D.B.BHOSALE,JJ. CORAM: S.B.MHASE & D.B.BHOSALE,JJ. CORAM: S.B.MHASE & D.B.BHOSALE,JJ. DATED: 27.02.2009 DATED: 27.02.2009 DATED: 27.02.2009. P.C.: P.C.: P.C.: Heard learned counsel for the parties. The petitioner is a student of 10th standard. No doubt, we have sympathy for the petitioner. However, we are unable to help the petitioner in the present petition. His father and uncle died in a riot and, therefore, the petitioner and his family members left Bombay. In the result, his 10th standard attendance is not as per the requirement of the SSC Board. However, we have scrutinised the case of the petitioner. Regulation No.41 and more specifically 41(1)(b) proviso, which provides for condonation of attendance for unforeseen reasons, which compel the candidates to go outstation or aboard for a long period and sudden demise of parents of the candidate. However, considering the case under the said provision, the minimum requirement as per the Board, is that there should be atleast 50 per cent attendance together in both the terms. Total 168 days are the working of the school and, therefore, there should be 84 days attendance so as to say that the petitioner has completed 50 percent attendance in both the terms. However, we have noticed that the attendance of the petitioner in the first term is 81 days and in the second term zero and, thereby, the attendance is short by three days so as to make it as 50% for an exceptional circumstance. We do not find any substance in the claim made by the petitioner and, therefore, we reject the petition. (D.B.BHOSALE,J.) (S.B.MHASE,J.) (D.B.BHOSALE,J.) (S.B.MHASE,J.) (D.B.BHOSALE,J.) (S.B.MHASE,J.)