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Madras High CourtWP/4935/2021dismissed

Minor.J.Noah Johanson Sannaraj v. The Chairman

2021-03-04Honourable Mr Justice B.Pugalendhi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 4/3/2021 C O R A M THE HONOURABLE Mr.JUSTICE B.PUGALENDHI Writ Petition No.4935 of 2021 Minor J.Noah Johanson Sannaraj rep. By his father and natural guardian Mr.S.Jacob Solomon ...

Petitioner Vs

1. The Chairman Central Board of Secondary Education Shiksha Sadan 17 Rouse Avenue, Bal Bhavan Institution Area Road New Delhi 110 002.

2. The Controller of Examinations Central Board of Secondary Education 2 Shiksha Kendra, Community Centre Preet Vihar Delhi.

...

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents to consider and pass orders on the petitioner's representation dated 8/2/2021 seeking an interchanging dates for the science and painting examination for X Standard CBSE Examination, 2021 as per the date sheet published by the second respondent dated 2/2/2021.

For petitioner ...

Mr.G.Jeremiah - - - - - -

O R D E R

This writ petition has been filed to direct the respondents, to consider and pass orders on the petitioner's representation, dated 8/2/2021, seeking an interchanging dates for the Science and Painting examination for X Standard CBSE Examination, 2021 as per the date sheet published by the second respondent, dated 2/2/2021.

2. The case of the petitioner is that his son J.Noah Jonasson Sannaraj, aged about 15 years, studying X Standard in Asan Memorial Senior Secondary School, Nungambakkam, Chennai and https://hcservices.ecourts.gov.in/hcservices/

the second respondent has notified the schedule, for the proposed X Standard Board examinations, from 4/5/2021 to 7/6/2021. The Science examination was scheduled to be held, on 15/5/2021, which happens to be a Saturday, which is a Sabbath, as per their religious sentiments and the painting examination is scheduled to be held on 17/5/2021, on the following Monday. Since the petitioner is a true Christian, strictly observes the Sabbath day, which commences at sundown on Friday and ends with sundown on Saturday. In view of the above, the petitioner's son cannot take his Science examination on 15/5/2021, which is a holiday and the religion prohibits from taking part in physical activity except prayer and fasting. Hence the petitioner has come forward with the present writ petition praying for the relief as stated therein.

3. The second respondent is conducting examination, not only for the petitioner but for all other students and this type of prayer cannot be entertained and a mandamus cannot be granted. Accordingly, this writ petition is dismissed. No costs.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar mvs.

To

1. The Chairman Central Board of Secondary Education Shiksha Sadan 17 Rouse Avenue, Bal Bhavan Institution Area Road New Delhi 110 002.

2. The Controller of Examinations Central Board of Secondary Education 2 Shiksha Kendra, Community Centre Preet Vihar Delhi.

Writ Petition No.4935 of 2021 akII(co) aa30/03/2021 https://hcservices.ecourts.gov.in/hcservices/