KANDARPA KUMAR DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH the writ petitions are for a direction to the respondents to allow the petitioners to appear in the Class-XII examination conducted by the Central Board of Secondary Education (C. B. S. E.) which commenced w. e. f. 05. 03. 07 (theory ). By the time, the writ petitions were filed, the practical examinations were already over. During the course of hearing of the writ petitions, learned counsel for the parties have submitted that the practical examinations were held on 9th, 12th and 16th of February, 2007. The written examinations (theory) were held w. e. f. 5th March, 2007 and came to an end on 28th March, 2007. Having regard to the urgency shown in the matter and as requested by the learned counsel for the parties, the writ petitions have been heard at the admission stage itself and they are being disposed of by this common judgment and order. W. P. (C) No. 1020/2007

(2.) IN this writ petition the case as projected by the two petitioner is that they are the students of Class-XII of Kendriya Vidalaya (KVS), Indian Oil Corporation, Noonmati, Guwahati and they are going to appear in the Higher Secondary final examination scheduled to be held from 5th March, 2007. Be it stated here that the writ petition was filed on 1st March, 2007. As per the statements made in the writ petition, the Principal of the KVS has refused to part with the Admit Card meant for the petitioners. According to the petitioners since they have deposited the required fees etc. , the Principal of the school cannot withhold the Admit Card. In paragraph-3 of the writ petition, a statement has been made that the authorities have disallowed the petitioners to sit in the practical examination on the plea of non-availability of the Admit Cards. Thus, the whole basis of the claim of the petitioners in the writ petition is that the Principal of the school has illegally withdrawn the Admit Cards which resulted in their failure to appear in the practical examination.

(3.) THE writ petition was entertained on 01. 03. 07 and an interim order was passed directing the respondents to issue and/or hand over the Admit Cards to the petitioners and to allow them to sit in the examinations. It was provided that such participation of the petitioners in the examination will, however, be subject to further orders of the Court. As regards the practical examination, since it was already over, it was provided that as to whether there should be a separate practical examination for the petitioners, same would be decided by the Court after notice.