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Jharkhand High Court · body

2009 DIGILAW 62 (JHR)

Puja Kumari v. Shri Ambuj Kumar

2009-01-13

JAYA ROY, M.Y.EQBAL

body2009
JUDGMENT Heard the counsel for the parties. The appellant is aggrieved by the judgment dated 1.12.2008 passed in W. P. (C) No. 2711 of 2008, whereby her prayer in the writ petition to allow her in the +2 (plus two) C. B. S. E. examination has not been entertained. It appears that she was denied to appear in the examination mainly on the ground that she did not fulfill the requisite attendance which was required for appearance in the examination for the session 20072008 although she was allowed to appear in the practical examination. The matter was heard on 09.01.2009. Admittedly the petitioner has already lost one year by not appearing in the examination for the session 20072008. Today one affidavit has been filed by the school. Paragraph 5 to 7 of the said affidavit is worth to be noted herein below. “ 5. That it is stated and submitted that the Respondent School has full sympathy for its students, the Appellant herein and is ready to allow her to take the Class XIIth Board Examination, if the CBSE condones the short fall of her attendance and allows her to fill up the Examination Form. 6. That it is stated and submitted that the Respondent School in special circumstances if directed by this Hon’ble Court is ready to let her allow to fill up the examination form and write the Board Examination from the Deponent school. 7. That it is stated and submitted that the deponent has no any grievance against the Appellant and is ready to cooperate and allow the Petitioner/appellant to take the Board Examination as its student.” Learned counsel appearing for the Central Board of Secondary Examination submitted that if the school where form she will appear has no objection then she may be allowed to appear in the next examination for the session 2008-2009. Having regard to the fair stand taken by the respondent and having regard to the fact that the petitioner has already lost one year, it is fit and proper to direct the respondents to allow the appellant to appear in the examination for the session 2008-2009. The respondent-school is directed to accept the form of the petitioner-appellant who shall approach the respondent-school within seven days for completing necessary formalities. It is made clear that this order shall not create the precedence for the future. The respondent-school is directed to accept the form of the petitioner-appellant who shall approach the respondent-school within seven days for completing necessary formalities. It is made clear that this order shall not create the precedence for the future. With the aforesaid direction this appeal stands disposed of.