ATIF ALI Vs. CENTRAL OF SECONDARY EDUCATION

JUDGEMENT

(1.) The petitioner was a student of Class-X in the Children's Senior Academy School, Roorkee during the academic year 2003-04. According to the petitioner, owing to his illness, he could not secure the minimum attendance required for appearing in the Class-X examination conducted by the Central Board of Secondary Education (CBSE). Hence he applied for condonation of shortage of attendance through the Principal of the school. His application for condonation of shortage of attendance was forwarded to the Regional Office of C.B.S.E. at Allahabad by the Principal along with similar applications of three other students as per his letter dated 10-2-2064. Later, a separate letter dated 14-2-2004 was sent by the Principal to the Regional Office of CBSE at Allahabad annexing necessary medical certificates and recommending condonation of shortage of attendance. The said letter dated 14-2-2004 (the date was wrongly written as 14-2-2003) was in respect of the petitioner and another student. The said letter dated 14-2-2004 was received in the Regional Office of CBSE at Allahabad on 16-2-2004 and the receipt of the letter was duly acknowledged as seen from the seal and endorsement of the CBSE. It is seen from the letter dated 14-2-2004 that in the case of the petitioner, the Principal had written

(2.) Alongwith the writ petition, the petitioner filed an application for interim direction to permit the petitioner to appear in Class-X Examination of the year 2004 provisionally. As per interim order dated 27-2-2004 passed by this Court, the petitioner was permitted to appear in the examination provisionally. Later, by another order dated 6-7-2004, the respondents were directed to declare the result of the petitioner provisionally and subject to the decision of the writ petition. Accordingly, the result of the petitioner was declared and he was declared to have passed Class X-Examination. On the basis of the result so declared, the petitioner joined Class XI and he is now studying in Class XII and is preparing for the Class XII Examination to be held in February March, 2006.

(3.) A counter affidavit was filed on behalf of Respondent Nos. 1 and 2. In the said counter affidavit, it is stated that the total attendance of the petitioner was less than 60% for the entire session and that as per Clause 14 of the Examination Byelaws of the C.B.S.E., the Chairman is empowered to condone only shortage of 15% attendance. It is also stated that a student having less than 60% attendance is not entitled for any condonation.