Writ Petition No. 698 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:4294 WP No. 698 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 698 OF 2025 (EDN-RES) BETWEEN: ANAND RAMESH HADLI S/O RAMESH GOUDA HADLI, AGED ABOUT 17 YEARS, R/AT SOUDHAMINI ESTATE, 21ST E M KANAKAPURA ROAD, UDAYAPURA, BENGALURU 560 082, REP. BY ITS MOTHER AND GUARDIAN, MS. SUNITHA RAMESH HADLI, W/O RAMESH GOUDA HADLI, AGED ABOUT 53 YEARS. …PETITIONER Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA (BY SRI. RAJESWARA P.N., ADVOCATE) AND: 1. CENTRAL BOARD OF SECONDARY EDUCATION REP. BY ITS REGIONAL OFFICER, NO. XG28 + XF5, CHANDRA LAYOUT EXTN., II STATEGE, GNANA BHARATHI MAIN ROAD, NAGARBHAVI, BENGALURU 560 072. 2. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, NO. XG28 + XF5, - 2 - NC: 2025:KHC:4294 WP No. 698 of 2025 CHANDRA LAYOUT EXTN., II STATEGE, GNANA BHARATHI MAIN ROAD, NAGARBHAVI, BENGALURU 560 072. 3. SILICON CITY ACADEMY OF SECONDARY EDUCATION (SCASE) AT KUMAR NURERY, KANAKAPURA ROAD, NEW BANK COLONY, 8TH PHASE, KONANKUNTE, BENGALURU 560 062, REP. BY ITS PRINCIPAL …RESPONDENTS
Legal Reasoning
(BY SRI. SHAILENDRA M.R., ADVOCATE FOR R1 AND R2; SRI. PRAKASH T HEBBAR, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAME OF THE PETITIONER IN THE LIST OF CANDIDATES FOR THE ACADEMIC YEAR 2024-25 AND TAKE UP THE FINAL EXAMINATION TO BE CONDUCTED BY THE R-1 AND 2 FOR CLASS XII IN THE CBSE STREAM PCMPE AND ONE LANGUAGE PAPER IN THE EXAMINATION TO BE CONDUCTED FROM 15.02.2025 AS PER THE CIRCULAR DATED 23.10.2024 AT ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:4294 WP No. 698 of 2025 ORAL ORDER 1. The petitioner is seeking for the following prayers: “i) Issue a writ of Mandamus directing the Respondents to include the name of the Petitioner in the list of candidates for the academic year 2024-25 and take up the final examination to be conducted by the Respondents No.1 & 2 for Class XII in the CBSE stream PCMPE and one language paper in the examination to be conducted from 15.02.2025 as per the circular dated 23.10.2024 at Annexure-B; ii) Issue a writ of Mandamus directing the Respondent No.3 to permit the Petitioner to take up practical examinations for Class XII before 15.02.2025; iii) Pass such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case, including the award of costs, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. - 4 - NC: 2025:KHC:4294 WP No. 698 of 2025 3. Brief facts are that: The petitioner is a student registered for class XI (2023-24) of respondent No.3-school Silicon City Academy of Secondary Education opting PCMPE course. The C.B.S.E published the Circular dated 23.10.2024 to the effect that the theory exams will be commencing for class XII from 15.02.2025 onwards, the petitioner name being not found in the list of candidates for the academic year 2024-25, the petitioner's mother sent a mail to respondent No.3- school seeking explanation as to why the petitioner's name is not included in the list of the candidates for appearance of the exams for the academic year 2024-25 followed by the representation dated 13.11.2024. 4. Learned counsel for the petitioner submits that non-inclusion of the petitioner name in the list of candidates, which is placed at Annexure-B and non- consideration of the petitioner’s representation has made the petitioner to approach this Court in this writ petition seeking to include the name of the petitioner in the list of - 5 - NC: 2025:KHC:4294 WP No. 698 of 2025 the candidates for the academic year 2024-25 and permit the petitioner to attend the final exams scheduled in the month of February-2025 and further direction to respondent No.3 to permit the petitioner to take up practical examination for class XII before 15.02.2025. 5. Learned counsel for the petitioner submits that the petitioner had never requested for issuance of transfer certificate and in the absence of any request, respondent No.3 on certain assumption denied the opportunity to take up the examination. 6. This Court on 16.01.2025 by way of interim arrangement, directed respondent No.3-school to conduct practical exams of the petitioner in Physics, Chemistry and Physical education subjects made subject to final out come of this writ petition. 7. Learned counsel for respondent No.3-school supporting the statement of objections filed to the writ petition submits that pursuant to the interim order granted - 6 - NC: 2025:KHC:4294 WP No. 698 of 2025 by this Court respondent No.3 sought requisite approval from respondent Nos.1 and 2 for entry of the petitioner's name in the list of the candidates for the academic year 2024-25. It is submitted that if respondent Nos.1 and 2 approves for re-entry of the name of the candidate in class XII for the academic year 2024-25, respondent No.3 is ready and willing to conduct exams as directed. 8. Learned counsel for respondent Nos.1 and 2 reiterating the statement of objections filed by them submits that the mother of the petitioner, who has now filed the present writ petition on behalf of the petitioner had made a request to respondent No.3 to issue transfer certificate and on the said basis, respondent No.3 had issued transfer certificate on 03.10.2024, transfer certificate had been received by the mother of the petitioner on 03.10.2024, pursuant to which, respondent No.3-school deleted the name of the petitioner. That the father of the petitioner by a letter requested respondent No.3 for readmission and inclusion of the petitioner in the - 7 - NC: 2025:KHC:4294 WP No. 698 of 2025 list of candidates for class XII Board Examination, respondent Nos.1 and 2 rejected the request for readmission on the ground that the window of Online submission of the list of candidates was closed. 9. The fact remains that the petitioner is a student, who is pursuing his studies in PUC from 2023-24 to 2024-25. On requisition by the mother of the petitioner, the transfer was sought, which was accordingly accepted by the school and intimated the same to respondent Nos.1 and 2, pursuant to which on 09.12.2024 there is a letter addressed to the school by the father of the petitioner indicating that the son intends to resume his study for the academic year. The submission of transfer certificate and seeking for withdrawal of the transfer certificate, is not something which is not repairable, the petitioner an young student, who is pursuing his studies, is not included in the list of candidates in class XII, as a one time measure and in peculiar facts and circumstances of this case, in the interest of the student and to see that the - 8 - NC: 2025:KHC:4294 WP No. 698 of 2025 academic future of the student is not been deprived, this Court deems it appropriate to direct respondent Nos.1 and 2 to accept the withdrawal of the transfer certificate of the petitioner, approve the re-entry of the petitioner in class XII for the academic year 2024-25 and included the name of the petitioner in the list of the candidates and further directed to permit the petitioner to appear in the final exams scheduled on 15.02.2025, if all the requisites of attendance and other eligibility criteria have been fulfilled and the same to be communicated to respondent No.3- school and respondent No.3 to conduct practical examination of the petitioner in the scheduled subjects, with the above observations, the writ petition stands
Decision
disposed of. Sd/- JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 58 CT:SNN