IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7150 of 2009(K)
1. SREE VISHNU M., (MINOR)
... Petitioner
Vs
1. THE PRINCIPAL, GOVERNMENT BOYS
... Respondent
2. THE REGIONAL DEPUTY DIRECTOR OF
3. THE DIRECTOR OF HIGHER SECONDARY
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :05/03/2009
O R D E R
P.N.Ravindran, J.
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W.P.(C) No.7150 of 2009
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Dated this the 5th day of March, 2009.
JUDGMENT
Heard Sri. Jacob Sebastian, the learned counsel appearing for the
petitioner and Sri. A.J. Varghese, the learned Government Pleader
appearing for the respondents.
2. The petitioner is a 12th Standard student of the Government
Boys Higher Secondary School, Nenmmara. In this Writ Petition, he seeks
the intervention of this Court to enable him to appear for the Plus Two
examination commencing on 7.3.2009. The petitioner admits that as he
did not attend classes regularly, his name was struck off from the rolls
and that he was re-admitted in the school pursuant to the orders issued
by the Regional Deputy Director of Higher Secondary Education,
Ernakulam. Thereafter, he paid examination fee and also other fees
payable by him and thereupon a hall ticket was also issued, but on the
ground he does not have the required attendance, the Principal returned
the hall ticket to the third respondent.
3. When this Writ Petition came up for admission today, the learned
Government Pleader on instructions from the first respondent submitted
WP(C) 7150/09 -: 2 :-
that right from the first day of the academic year 2008-2009, the
petitioner was intermittently absent and his name was therefore struck
off from the rolls on 10.11.2008. He also submitted that pursuant to the
orders passed by the Regional Deputy Director of Higher Secondary
Education, Ernakulam, the petitioner was re-admitted in the school on
7.12.2008 and that though the petitioner had paid the examination fee
on 7.12.2008, the petitioner has not attended classes from 19.12.2008.
The learned Government Pleader further submitted that as the petitioner
had attended classes only for 64 days out of 190 days till 20.2.2009 and
he does not have the minimum prescribed attendance, he is ineligible to
appear for the examination commencing on 7.3.2009.
4. The Apex Court has in a series of decisions, latest of which is
M.G. University v. Gis Jose – 2008 (4) K.L.T. 216 held that this Court
should not permit ineligible students to appear for the examination
violating the rules governing the field. On the petitioner’s own showing,
his name was struck off from the rolls, though he was later re-admitted.
The learned Government Pleader on instructions from the Principal of the
school where the petitioner is studying has informed this Court that he
has attended the classes only for 64 days out of 190 days till 20.2.2009.
In these circumstances, I am of the considered opinion that the
petitioner who does not have the minimum prescribed attendance is not
entitled to sit for the Plus Two examination commencing on 7.3.2009.
For the reasons stated above, I hold that there is no merit in this
WP(C) 7150/09 -: 3 :-
Writ Petition. The Writ Petition fails and is accordingly dismissed. No
costs.
P.N.Ravindran,
Judge.
ess 6/3