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2018 Supreme(Cal) 539

SHEKHAR B.SARAF
Nirmalya Sengupta – Appellant
Versus
Central Board of Secondary Education – Respondent


Advocates Appeared:
For the Appellant : Kamalesh Bhattacharjee, Kamal Mishra, Pradip Paul and Tamal Taru Panda
For the Respondent: U.S. Menon and Abhirup Chakraborty

JUDGMENT :

Shekhar B. Saraf, J.

1. This is an application under Article 226 of the Constitution of India wherein the writ petitioner is a student of Kendriya Vidyalaya, Fort William, Kolkata. The writ petitioner had approached this Court by filing this writ petition being aggrieved by the action of the respondent authorities who had withdrawn his admit card subsequent to his having sat in one examination for the remainder of the examination. The same had been done on the ground that he did not have sufficient percentage of attendance. By an order dated March 16, 2017 and July 14, 2017 he had been allowed to sit in the remaining examination.

2. The facts giving rise to this writ petition are that the petitioner had been absent on several occasions and had only 52% attendance in the academic year 2016-17. The parent of the student had made a request to the Principal on February 9, 2017 explaining the reason for his lack of attendance and sought condonation of the same. The Principal in turn wrote to the Regional Officer, Central Board of School Education on February 10, 2017 recommending the condonation of shortage of attendance.

3. Subsequently, the petitioner had received the admit car































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