MOHAMMAD AKRAM KHAN Vs. JAMIA SENIOR SECONDARY SCHOOL

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner seeks directions to direct respondent Nos. 1 and 2 to allow him to reappear in the English as well as Mathematics examination of XI class and thereafter assess his suitability for promotion to class XII.

(2.) The background of facts that has led to the filing of the present petition is that the after passing his class X CBSE examination, the petitioner took admission in the respondent school in XI class in the academic year 2010-11, the annual examinations for which were scheduled to be held from 2.3.2011 to 28.3.2011. It is further stated that the petitioner fell ill from 10.3.2011 to 16.3.2011 due to enteric fever and thus could not appear in his English examination, which was held on 14th March,2011 due to his illness and for which he had duly submitted his medical certificate on 18.3.2011 with respondent No. 1. It is further the case of the petitioner that on 6.4.11, the result of his annual examination was declared wherein he was declared "failed". It is also the case of the petitioner that in the marksheet supplied to him he was shown failed in two subjects i.e. Maths as well as English. It is also the case of the petitioner that he had not failed in English subject in as much as in the said subject he could not appear in the annual examination because of his illness and, therefore, the petitioner could not be treated as "failed" in the said subject by the respondent. The grievance raised by the petitioner is thus that respondent No. 1 school has acted in a most illegal and arbitrary manner by not permitting the petitioner to reappear in the said two subjects and being aggrieved with the same, the petitioner has preferred the present petition.

(3.) Learned counsel for the petitioner submits that the petitioner had failed only in one subject i.e. Mathematics and not in English subject which he in fact could not appear due to medical reasons. Placing reliance on the relevant part of the instructions issued by the respondent regarding evaluation and promotion of students from one class to another for class IX and XI, counsel pointed out that as per the own instructions of the respondent, the student on leave either in the comprehensive test or annual exam is entitled for re-appearance in the compartment examinations, if such a student has absented himself on medical grounds and has applied for leave duly supported by medical certificate. Counsel further argued that even the said relevant rule entitles the student to appear alongwith the students taking the compartment exam even if he has failed in one or more subjects on medical grounds. Counsel also submits that the respondents are wrongly interpreting the said rule by denying and defeating the right of the petitioner to appear in the English paper in which he did not fail but was only absent. Counsel also submits that the said relevant rule should be interpreted in favour of the student and not in a manner which would waste one precious academic year of the student.