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2010 Supreme(Cal) 230

BISWANATH SOMADDER
PAYEL SARKAR – Appellant
Versus
CENTRAL BOARD OF SECONDARY EDUCATION – Respondent


Advocates Appeared: Kausik Chanda, PARESH CHANDRA MAITI, RAJESH KR.JAIN, SUBRATA MUKHERJEE, U.S.Menon

( 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, (






















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