JOINT SECRETARY & REGIONAL OFFICER Vs. AMEEN VELLAMPURAVAN; PRINCIPAL W M O ENGLISH ACADEMY; PRINCIPAL SIR SYED ENGLISH SCHOOL, PUTHUMANASSERY

JUDGEMENT

(1.) The Central Board of Secondary Education (CBSE, for short) is the appellant.

(2.) The 1 st respondent was a student of the 2 nd respondent School, from where he applied for transfer to the 3 rd respondent School. Thereafter, the 3 rd respondent informed the 1 st respondent that he was ineligible to be admitted to the 12th standard, since he had not passed the 11th standard from the 2 nd respondent School. This resulted in the 1 st respondent being excluded from sitting for the Board Examination conducted by the CBSE for Class-XII. The writ petition was filed seeking reliefs in this regard.

(3.) The 1 st respondent student was granted an interim order by the learned single Judge permitting him to provisionally sit for the CBSE Board Examination for Class-XII, after noticing the materials then available on record. This included Ext.P4 decision of the 2 nd respondent School, which showed that there was a retest, which was proposed for the 1 st respondent and another student, who were shown to have been sick at the time of examination. According to the 2 nd respondent, the 1 st respondent had passed in the re-test. The learned single Judge, noticing such facts, had decided the writ petition without the CBSE placing any counter affidavit on record. By that, the 1 st respondent's case was treated as an exceptional situation and he was granted relief by directing his results to be declared and that the case has to be treated as an isolated one, not to be followed as a precedent.