AKSHIT ASHOK (MASTER) Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER a student of Class - 12th (Commerce) of K.C. Public School, an Educational Society being denied the admission to final examination of Class -12thto be conducted by the Central Board of Secondary Education (CBSE), has invoked writ jurisdiction of this court for a direction in the nature of mandamus to the respondents to issue admit card to the petitioner for appearance in Class -12th annual examination scheduled to be held in March, 2004. The claim of the petitioner is to be examined in the background of the factual averments made in the pleadings of the parties. Petitioner is a student of K.C. Public School, an Educational Society registered under the Societies Registration Act. He was admitted to Class -Xth in the year 2001 & on being promoted, became the student of Class -XIIth (Commerce Stream). According to the petitioner, he was a regular student of the school and filled up his examination form for the final Class XIIth examination in the month of October,2003 and also deposited fee of Rs. 700/ - as examination fee with the Vice Principal (respondent -5). He also appeared in the Pre -Board Examination held in January, 2004. All the students of Class -XIIth were issued admit cards by the School Management for entry in the final examination scheduled to be held in the month of March,2004. However, petitioner was not provided with the admit card. On enquiry, he was informed that his form was held back on the instructions of respondent -4 to ensure 100% result of Class -XIIth by the management. Petitioner claims to have protested this approach of the management and informed his parents, who approached the management and were informed that the management is desirous of 100% result of the school and consequently form of the petitioner was not forwarded to Central Board of Secondary Education apprehensive of his success in the final exams. A notice dated 19.2.2004 was issued by the petitioner through his advocate to respondent -3 requesting for the admit card. A photo copy of the said notice was also faxed on 19.2.2004 to the same respondent. Petitioner received reply dated 23.2.2004 from the Regional Office of the Central Board of Secondary Education that the name of the petitioner has not been sent in the list of the candidates by the School, as such he is not eligible to appear in All India Senior School Certificate Examination 2004 under the Examination Bye Laws of the Board. Petitioner claims to be fully eligible for participation in the final exams of Class 12th (Commerce). It is stated that the respondents 4 and 5 illegally deprived the petitioner of his fundamental right of undertaking the exam being a regular student on irrelevant consideration, which is impermissible under law. According to the petitioner, it was bounden duty of the institution affiliated with prestigious board like CBSE to forward the form of the petitioner to the board enabling him to sit in the examination. It is further stated that the matter was brought to the notice of respondent -6, who was the Principal at the relevant time. The Principal also did not approve the approach of the management and resigned on this issue of 100% result of the school. A copy of the resignation letter submitted by respondent -6 and his affidavit, has also been placed on record with the writ petition. Respondent -6 in his affidavit has stated that he resigned from the school for the reasons that respondents 4 and 5 connived to detain the form of bonafide student like petitioner.

(2.) WHEN the matter came up before this court, a notice was directed to be issued to respondents 7 and 8on 27.2.2004 and the case was directed to be listed on 1.3.2004. On 1.3.2004, respondents were allowed time to file objections by 4 -3 -2004 and the matter was taken Up on 5.3.2004.

(3.) OBJECTIONS have been filed by respondents 4,5,7 and 8. While denying the allegations made in the writ petition, it has been brought on record that the petitioner who was a student of Class -12th ( Commerce ), was in the habit of remaining absent from the class. Month -wise details of his attendance w.e.f. the month of April,2003( period of admission) to January,2004, has been given. Even the attendance sheets of all these months, have been placed on record. It is stated that petitioner attended class only for 87 days during these months with the following details: