ORDER

This Writ Petition came to be filed by the petitioner, who is minor represented by his father seeking to declare the impugned action of the respondents in not issuing the admit card/Hall ticket to appear for Class-X examinations scheduled to be held from 19.02.2024 onwards as illegal, arbitrary and violative of principles of natural justice and for other reliefs.

2. The petitioner was admitted in the respondent No.2-

institution and studying Class-X vide Unique ID No.112308115000065. It is the case of the petitioner that he suffered with severe health problems including fracture on the right forehand and typhoid fever and hence, he could not attend the school from 06.08.2023 to 06.10.2023. On the ground of shortfall of attendance, the petitioner was not allowed to appear for the Class-X Examinations, 2024.

3. This Court vide order dated 16.02.2024 granted interim order directing the respondents to allow the petitioner to appear for the Class-X Examinations, 2024 scheduled to be held from 19.02.2024 onwards subject to further orders in the writ petition.

4. The respondent Nos.2 to 4 have filed counter affidavit inter alia stating that all Kendriya Vidyalayas are affiliated to Central Board of Secondary Education(CBSE) for maintaining and administering the educational institutions and the respondent No.1 has framed bye-laws, which stipulates the minimum requirement of attendance for students to appear for Class X and XII of the CBSE.

Rules 13 and 14 of Bye-laws states the percentage of attendance upto which it can be considered for condonation and grounds for its consideration. It is further stated that as per Bye-laws of the respondent No.1, the principal of the respondent No.2 has sent list of 37 candidates appearing for Class-X Board Examinations, 2024 uploaded in CBSE portal on 15.09.2023 and 13.09.2024 respectively, wherein the name of the petitioner was also shown. It is also stated that the petitioner is studying Class X during the Academic Year 2023-24 and he attended the School for 88 days out of total 150 working days with the aggregate attendance of 58.76%.

It is further stated that as the principal of respondent No.2 is not competent to condone the shortage of attendance, he has recommended the cases of students vide letter dated 10.01.2024. It is further stated in the counter affidavit that initially, petitioner’s case was not recommended for condonation of attendance on the ground that the medical certificate produced by the petitioner was not issued by the Government Hospital and subsequently on production of the same with supporting documents, the case of the petitioner was recommended for condonation of shortage of attendance vide letter dated 24.02.2024. It is stated that the respondent No.1 vide letter No.CBSE/RO(VIJ)/E-2/TL/59652/ Exam/2023-24 dated 20.02.2024 has conveyed approval for condonation of shortfall of attendance of Master Kushwanth.P and Master Vallabh Veenan.B and not issued any proceedings in respect of the petitioner.

5. The respondent No.1 has filed counter affidavit stating that the petitioner has submitted medical certificate without any medical reports, X-rays and other documents for the period from 06.08.2023 to 03.10.2023 and the attendance of the petitioner upto 31.12.2023 during the Academic Year 2023-24 is only 58.76%. It is further stated that the petitioner submitted medical certificate issued by the private doctor enclosing the prescription and other documents, which do not satisfy the requirements to exercise the discretion conferred under the Rules for condonation of shortage of attendance. It is stated that the Board has already relaxed 25% of attendance by making provision of requirement of 75% minimum attendance to be eligible to appear in the Board Examination as Regular Student and whereas 15% relaxation of attendance in the minimum required percentage i.e