A.N. Varma, J. - (1.) THROUGH the instant petition, the Petitioner has prayed for quashing of the letter dated 14.2.2007, passed by the opposite party No. 1, as contained in Annexure -4 to the writ petition, whereby the Council for the Indian School Certificate Examinations, New Delhi, has informed the Principal that since the Petitioner's attendance is less than 60% of the total working days, (only 39%) which is minimum requirement for condonation, therefore, the attendance cannot be condoned. This decision of the Council was communicated to the father of the Petitioner vide Annexure -5 which is a copy of letter dated 23.2.2007.
(2.) LEARNED Counsel for the Petitioner does not dispute the fact that attendance of the Petitioner is short, but he submits that on account of his illness that the Petitioner did not attend the institution. The submission further is that the representation preferred by Petitioner has not been dealt with by the opposite party No. 1 in its right perspective. Father Wilson, Principal of St. Fidelis College, Aliganj, Vikas Nagar, Lucknow, who was called upon by this Court is present and has also produced the relevant record pertaining to Petitioner's attendance in the institution for the year 2006 -2007, including the photo copies of the attendance register. On 8.2.2007 a letter was also written to the Petitioner wherein it was indicated that for appearance in examinations the Indian School Certificate Examinations Board a student must have atleast 75% of the attendance of working days in an academic year. Monthwise attendance of the Petitioner has also been provided which is as follows : April, 2006 9 days May, 2006 2 days July, 2006 11 days August, 2006 12 days September, 2006 5 days October, 2006 4 days November, 2006 16 days December, 2006 6 days January, 2007 1 day February, 2007 Nil Total No. of days 66 days
(3.) PERUSAL of the aforesaid would reveal that in the entire year the Petitioner attended the institution only for a period of 66 days. The Principal of the Institution further points out that the representation preferred by the Petitioner alongwith all the medical certificates were forwarded to the Council for consideration regarding condonation of his attendance. Since it was below the prescribed limit, therefore, the Council did not condone the same which fact was also intimated to the Petitioner.;