SARATH CHANDRAN Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) The petitioner seeks for a direction to the first respondent to allow his daughter to pursue her studies in Class XII in the second respondent's school. Mainly, it is contended that a detention from appearing in Class XII examination is objectionable. The stand taken by the second respondent in their counter-affidavit is that the petitioner's daughter did not obtain the required 33% marks for Chemistry and Mathematics in Class XI examination and therefore she was not eligible to be promoted to Class XII.

(2.) This Court had passed an interim order dated 16-12-2011 rejecting the prayer of the petitioner to allow his daughter to attend Class XII as an interim measure. Now the examination for Class XII is to start from the first week of March, 2012 and the petitioner seeks permission to appear for the examination.

(3.) Learned counsel for the petitioner submitted that detention of a student is objectionable in law. The petitioner's daughter is a bright student and in May, 2011 the grand-mother of the child became seriously ill and expired on 2-5-2011. This affected her preparation for the internal examination of Class XI. After the permission was refused, representations were filed before the first respondent and Ext. P-3 is the reply given stating that she has failed in two subjects, viz. Chemistry and Mathematics and therefore the question of promotion does not arise.