IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5082 of 2008 Between: Duttons High School, Warangal, Rep. by its Correspondent Sri P. Clarence ..... PETITIONER AND 1 The Commissioner and Director of Government Examinations, Board of Secondary Education, Chapel Road, Hyderabad. 2 Assistant Commissioner of Government Examination, Office of District Education Officer, Warangal. 3 Regional Joint Director of School Education, Warangal. 4 The District Educational Officer, Warangal. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ more in the nature of the writ of Mandamus declaring the action of the respondent in returnsading the ICRs and Nominal Rolls of SSC students of petitioner School Vide his Proceedings R.C.No. 78/D31-1/08 dt. 3-3-2008 as being arbitrary and illegal, violating of Article 14 of the Constitution of India and consequently direct the Respondent to receive ICRs and Nominal Rolls of Petitioner School enabling the students to appear to the ensuing SSC exams and issue such other writ or order or direction as deemed fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.CH.SAMSON BABU Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following ORDER : This writ petition has been instituted by the management of a school whose permanent recognition is still to be finalized. However, the fact remains that the Commissioner of Government examinations has issued a telegram on 26.2.2008 directing the said school to submit the examination fee together with ICR (Intelligent Character Recognition) papers on or before 28.2.2008. Accordingly, the head of the institution has remitted the fee and submitted the ICR forms in the office of the District Educational Officer, Warangal on 28.2.2008. Unfortunately, the office of the District Educational Officer, Warangal took two days time to process this material and consequently the ICR and nominal forms reached the Commissioner of Government examinations only on 1.3.2008 by which date the random jumbling of the candidates processed through a computer software has already been accomplished for the entire database. Therefore, the Commissioner of Government examinations has returned the nominal rolls and the ICR forms back as he cannot interdict the process once accomplished. In these set of circumstances, it will not be possible for the writ petitioner’s – school students to be permitted to appear for the SSC public examinations slated to be conducted from 24.3.2008 onwards. But, however, the learned Government Pleader has submitted that the students of the petitioner school would be allowed to participate in the “INSTANT SSC EXAMINATION” that will be conducted during May, 2008 so that the students would not be deprived of the academic year and still will be in a position to prosecute their two year intermediate course without any difficulty. The suggestion of the learned Government Pleader commends for acceptance. The respondents are therefore, directed to entertain the application forms together with the nominal rolls and the ICR forms and examination fee and allow the students of the writ petitioner school to appear for the “INSTANT SSC PUBLIC EXAMINATIONS” that will be conducted during May, 2008. With this the writ petition stands disposed of. No costs. -------------------------------------- N.RAMAMOHANA RAO,J Dt : 10.3.2008 Knk Note : CC in two days (b/o) knk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}