IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 5731 of 2010(N) -------------------------------- PETITIONER: --------------- RESMY ROY.C,AGED 17 YEARS, D/O.ROY.C.P,CHERUVATHOOR HOUSE,PORKALANGAD.P.O, MINOR,REPRESENTED BY FATHER GUARDIAN ROY.C.P. BY ADVS. MR.P.VIJAYA BHANU MRS.M.M.DEEPA RESPONDENTS: --------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, FOR HIGHER SECONDARY EDUCATION,ERNAKULAM. 2. THE PRINCIPAL, DE PAUL HIGHER SECONDARY SCHOOL,CHOONDAL.P.O,THRISSUR-680502. ADV. MR.M.V.THAMBAN FOR R2 MR.R.REJI FOR R2 MR.SOJAN JOB FOR R2 MR. M.A. ASIF – GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5731 of 2010 PETITIONER'S EXHIBITS EXT.P1: COPY OF APPLICATION FOR LEAVE GRANTED BY R2. EXT.P2: COPY OF APPLICATION DTD 16.2.2010 FOR CONDONATION OF SHORTAGE OF ATTENDANCE SUBMITTED BY R2 BEFORE R1 ALONG WITH COVERING LETTER. EXT.P3: COPY OF CHALAN RECEIPT DTD 17.2.2010. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.5731 OF 2010 ------------------------------- Dated this the 27th day of MAY, 2010 J U D G M E N T The petitioner is a minor represented by his father and guardian. She is a Plus Two student of the second respondent’s School. She could not attend classes for some time due to illness. Consequently, there was shortage of attendance. Therefore, the petitioner was not permitted to write the examination. It is at that juncture, the petitioner has filed this writ petition seeking the following reliefs: “(i) issue a writ of mandamus or such other writ, order or direction directing the 1st respondent to accept Ext.P2 application and to pass order thereon within a time to be fixed by this Honourable Court. (ii) issue such other writ, order or direction which this Honourable Court may deem fit and proper in the light of the facts and circumstances of the case, so s to secure the ends of justice”. 2. I have heard both sides. on 22.2.2010, this Court passed the following order: “ xxx xxxx xxxxx The petitioner will be permitted to appear for the Annual Higher Secondary Examination for the academic year 2009-010 scheduled to be held on 24/02/2010, provisionally and subject to the orders passed by the 1st respondent in the matter”. W.P.(c)No.5731/10 2 3. In view of the fact that the shortage of attendance is on account of illness and the petitioner has applied for leave, which was granted, I am of opinion that the petitioner can be allowed to keep the results of the examination, which she has written, pursuant to the interim order. Accordingly, this writ petition is disposed of holding that the petitioner shall be deemed to have written the examination validly and the result of the petitioner shall be declared and mark list issued to her, as if she has written the examination validly. S. SIRI JAGAN, JUDGE acd W.P.(c)No.5731/10 3 W.P.(c)No.5731/10 4