Kevin Sabu vs Central Board Of Secondary Education

Citation : 2024 Latest Caselaw 12552 Ker
Judgement Date : 21 May, 2024

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Kerala High Court

Kevin Sabu vs Central Board Of Secondary Education on 21 May, 2024

Author: P Gopinath

Bench: P Gopinath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                      WP(C) NO. 11943 OF 2017
PETITIONER:

             KEVIN SABU
             AGED 16 YEARS, S/O SABU JACOB,
             CLASS XI STUDENT, GIRIDEEPAM BETHANY CENTRAL
             SCHOOL, BETHANY HILLS, VADAVATHOOR, KOTTAYAM-10,
             (ROLL NO.11, ADMISSION NO. 8660), REPRESENTED BY
             HIS FATHER AND NATURAL GUARDIAN, SABU JACOB,
             RESIDING AT RAILWAY FLAT NO. 86 H, OPPOSIT
             S.H.MEDICAL CENTRE HOSPITAL, NAGAMPADOM, KOTTAYAM.
             PIN-686 001.

             BY ADV SRI.RAJESH NAIR



RESPONDENTS:

     1       CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED
             BY ITS REGIONAL OFFICER, BLOCK B, IIND FLOOR, LIC
             DIVISIONAL OFFICE COMPOUND, PATTOM,
             THIRUVANANTHAPURAM, PIN-695 004.

     2       THE CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK B,
             IIND FLOOR, LIC DIVISIONAL OFFICE COMPOUND, PATTOM,
             THIRUVANANTHAPURAM, PIN-695 004.

     3       THE PRINCIPAL, GIRIDEEPAM BETHANY CENTRAL SCHOOL,
             BETHANY HILLS, VADAVATHOOR, KOTTAYAM-10.

     4       THE DIRECTOR, GIRIDEEPAM BETHANY CENTRAL SCHOOL,
             BETHANY HILLS, VADAVATHOOR, KOTTAYAM-10.

             BY ADV SRI.LIJI.J.VADAKEDOM (SC) CBSC




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.11943/2017                               2




                                   JUDGMENT

This writ petition was filed in the year 2017 seeking the following reliefs:

i. Issue a writ of mandamus or any other writ, direction or order directing the 1st respondent to see that the 3rd and 4th respondents conduct the compartmental examination in Class XI in the subject of Mathematics so far as the petitioner is concerned expeditiously and to publish the result and the mark lists of the petitioner in the said examination at the earliest.
ii. Declare that the 3rd and 4th respondents are bound to conduct the compartmental examination in Class XI in the subject of Mathematics so far as the petitioner is concerned expeditiously and to publish the result and the mark lists of the petitioner in the said examination at the earliest.
iii. Issue such other writ, direction or order as deemed fit by this Hon'ble Court in the interest of equity, justice, fairness and good conscience.

2. There was an interim order dated 12-04-2017, W.P.(C)No.11943/2017 3 where this Court directed as follows:

"Learned Standing Counsel for respondents 1 and 2 seeks time for filing counter affidavit. Learned counsel appearing for respondents 3 and 4 takes notice and seeks time for filing counter affidavit.
2. There will be an interim order to respondents 3 and 4 to conduct compartmental examination, as sought for by the petitioner in this writ petition, if there are no other legal impediments standing in the way, and the petitioner is eligible for the same".

It is clear that in the light of the above interim order and with the passage of time this writ petition has become infructuous.

Therefore, this writ petition will stand dismissed as infructuous.

Sd/-

GOPINATH P. JUDGE ats W.P.(C)No.11943/2017 4 APPENDIX OF WP(C) 11943/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE MARK LIST ISSUED IN THE NAME OF THE PETITIONER BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION OF THE PROMOTION RULES FOR CLASS X1 FRAMED BY TEH CBSE EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 30/3/2017 SUBMITTED BY THE PETIITONER AND HIS FATHER BEFORE THE 3RD AND 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE POSTAL RECEIPT OF EXT.P3 EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 30/3/3017 SUBMITTED BY THE PETITIONER AND HIS FATHER BEFOR ETHE 1ST RESPONDENT EXHIBIT P6 TRUE COPY OF THE POSTAL RECEIPT OF EXT.P5