Pradeep Kumar vs Principal Marwari Sr. Sec. School ...
2017 Latest Caselaw 1535 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) No.2575/2017

%                                                    22nd March, 2017

PRADEEP KUMAR                                            ..... Petitioner
                          Through:       Mr. Varun Aggarwal and Mr.
                                         Pradeep Kumar, Advocates.
                          versus

PRINCIPAL MARWARI SR. SEC. SCHOOL & ORS.
                                       ..... Respondents

Through: Ms. Seema Dolo, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. By this writ petition under Article 226 of the Constitution

of India, petitioner seeks the relief of directions being issued to the

respondent no.1, for issuing to the petitioner, the roll number for

appearing in Class 10th Board Examinations.

2. Petitioner by the letter dated 23.2.2017 was informed that

petitioner will not be allowed to appear in the examination for 10th

Class for the year 2016-2017.

3. Though no reason is mentioned in this letter dated

23.2.2017, but counsel for the petitioner states that the reason is that

attendance of 60% is required whereas the petitioner only has 45%

attendance. Learned counsel for the petitioner argues that the reason

for the petitioner only having 45% attendance is that petitioner had

suffered grievous injuries in an accident, and therefore, he could not

attend school. However, I note that along with the writ petition no

medical documents have been filed to show that petitioner was

completely confined to bed and hence could not attend the school, and

for which sufficient period exemption from attendance of 60% thus be

granted to the petitioner.

4. Also, I may note that the admitted position is that one

exam of Class 10th is already complete inasmuch as the said

examination procedure started on 9.3.2017. Today, even the second

examination for the second subject is going on for the Class 10th

examination. Petition is therefore hopelessly delayed especially

because the impugned order has been passed way back on 23.2.2017

and much before commencement of examination on 9.3.2017.

Petitioner could have immediately approach the Court on receiving of

the letter dated 23.2.2017, but the petitioner has approached this Court

by filing of this writ petition which has come up for hearing for the

first time only today on 22.3.2017.

5. In view of the above, there is no illegality in the impugned

order dated 23.2.2017 denying the grant of roll number to the petitioner

as petitioner admittedly has less than the requisite attendance. Also,

the petitioner has failed to file the medical records as to why petitioner

could not attend the school for getting 60% attendance, and especially

showing that the petitioner was completely confined to bed for not

attending the school. Also the petition is also hopelessly barred by

delay and laches.

6. Dismissed.

MARCH 22, 2017/ib                             VALMIKI J. MEHTA, J