High Court Kerala High Court

Sree Vishnu M. vs The Principal on 5 March, 2009

Kerala High Court
Sree Vishnu M. vs The Principal on 5 March, 2009
       

  

  

 
 
  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.
                           ==================
                          W.P.(C) No.7150 of 2009
                         =====================

                  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