The Chairman's discretion in condoning attendance deficiency is limited by the rules and regulations, and the importance of regularity in study and ethical conduct in educational institutions.

Dipak Misra, J.

1. Invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashment of Annexure-P-3 and to command the respondents to give admission card to him and to allow him to appear in the examination and to declare his results.

2. The facts as have been unfolded are that the petitioner is a student of Maharishi Vidya Mandir, Mandla and was regularly attending his classes in the school. The respondent-school is affiliated to respondent No. 2, Central Beard of Secondary Education, Delhi (hereinafter referred to as 'the Board'). The petitioner took admission in the school in the year 1995 and his performance in the school was excellent. He had passed all examinations with high percentage and there was never any complaint against him from any quarter. The academic session of 2000-2001 commenced in April, 2000 and the petitioner started attending the school regularly from 15-5-2000 to 30-6-2000. Thereafter, summer vacation intervened and after summer vacation he started regularly attending the classes and according to him his percentage of attendance would exceed 90%. It has been putforth that at no point of time it was intimated to him that he was not regular in school or there would be shortage of percentage of attendance. The petitioner filled up the examination form on 29-9-2000 and the respondents collected the examination fee from him. It has been averred that the petitioner appeared in the Unit tests as well as half yearly examination. On 12-2-2000 the Board conducted practical examination in respect of Science subject. The petitioner was permitted to undertake the practical examination. From 15-2-2001, the admission cards of Xth Standard were distributed in the school to the students but the same was not given to the petitioner. Thereafter, the father of the petitioner tried to contact the Principal but the same could not be possible as the Principal was away at Delhi for attending a Seminar. The father of the petitioner contacted other teachers but they were not in a position to indicate the reason. Eventually, the father of the petitioner contacted the Principal who initially did not say anything but later on after receipt of a letter from the father of the petitioner, he sent a reply vide Annexure-P-3 dated 1-3-2001 stating that the attendance of the petitioner was 52.7%, and hence, he could not be issued the admission card as per the instructions of the Board. It has been averred in the petition that the allegation with regard to shortage of attendance is totally baseless and erroneous. It has been pleaded that the petitioner had been regularly attending his classes, and therefore, question of shortage of attendance does not arise. It has also been pleaded that the respondents are estopped to take such a plea in as much as the petitioner was never intimated about shorage of attendance.

3. It is urged in the petition that provision relating to attendance is not mandatory and it can be relaxed and shortage of attendance can be condoned by the respondents. It is also putforth that before admission card was refused the petitioner was not afforded an opportunity of hearing, and therefore, entire action of the authorities is hit by Article 14 of the Constitution of India as there has been violation of principles of natural justice which makes every act an arbitrary one. It is also urged that as Examination Fee had been collected and the petitioner was permitted to appear in the practical examination it should be deemed that the shortage of attendance was condoned. It is also putforth that Board has not passed any order not to disburse the admission card to the petitioner. With these averments reliefs as indicated above have been sought for.

4. A return has been filed by the respondent No. 1 contending, inter alia, that the petitioner remained continuously absent from the school for the whole month of