PAYEL SARKAR Vs. CENTRAL BOARD OF SECONDARY EDUCATION
LAWS(CAL)-2010-3-108
HIGH COURT OF CALCUTTA
Decided on March 03,2010

PAYEL SARKAR Appellant
VERSUS
CENTRAL BOARD OF SECONDARY EDUCATION Respondents

JUDGEMENT

- (1.) Heard the learned advocates for the parties.
(2.) The writ petitioner is a student of Class XII of Kendriya Vidyalaya, Fort William. Sometime during the last week of January, 2010, the mother of the writ petitioner was informed by the school that the writ petitioner would not be allowed to appear for the ensuing All India Senior School Certificate Examination (hereinafter referred to as AISSCE-2010), due to shortage of attendance in school. Thereafter, the writ petitioner's mother made several representations before the Principal, Kendriya Vidyalaya, Fort William; the Assistant Commissioner, Regional Office, Kendriya Vidyalaya Sangathan and the Regional Officer, Central Board of Secondary Education (hereinafter referred to as the said 'Board'), with a request to allow the writ petitioner to sit for the AISSCE-2010, upon condoning the shortage of attendance on medical grounds, so that her academic career was not jeopardised. 2A. In paragraph 18 of the writ petition, it has been specifically stated that the Principal of the school, on or about 17th February, 2010, asked the mother of the writ petitioner to come to school and was handed-over a letter dated 21st January, 2010, (being annexure P-4 of the instant writ petition), whereby the mother was informed by the Principal of the school that the writ petitioner's attendance was only 59% and therefore, as per CBSE Rule, she could not appear in the ensuing AISSCE-2010.
(3.) The writ petitioner, thereafter approached this Court by filing the instant writ petition praying, inter alia, for a direction upon the respondents to allow her to appear in the ensuing AISSCE-2010 which is scheduled to commence on and from 10th March, 2010.;


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