B K RAGHU Vs. KARNATAKA SECONDARY EDUCATION BOARD

JUDGEMENT

(1.) LEARNED Additional Government Advocate is directed to take notice for respondents 1 and 2.

(2.) IN this writ petition, the petitioner is challenging the order dated 06. 07. 2007 passed by the Commissioner, Karnataka secondary Education Examination Board, Bangalore. By the impugned order, the Commissioner has declined to condone the deficiency of attendance of the petitioner in his studies in SSLC.

(3.) PETITIONER had approached this Court on an earlier occasion. By order dated 26. 06. 2007 passed in W. P. No. 7515/2007 this Court directed the Competent Authority to consider the case of the petitioner strictly in accordance with Regulation 37 (3) of the Karnataka Secondary Education Examination Board First regulations, 1966 (for short 'the Regulations' ). In the said order passed by this Court, it was made clear that the provisions contained in Regulation 37 (2) and 37 (3) of the Regulations would show that they do not place any fetters on the power of the Board to condone the deficiency in attendance even beyond 30 days as such a discretion was vested in the Board which was required to be exercised in a reasonable manner depending on the facts and circumstances of each case. It is in pursuance to the said order that the respondent-authority has passed the order impugned in this writ petition. As the Authority has refused to condone the deficiency of attendance by exercising the powers under regulations 37, it becomes necessary to refer to the relevant regulations 37 (2) and 37 (3), which is extracted as under,-