Shahdha.V.M v. The Central Board Of Secondary Education
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 WP(C).No. 22152 of 2015 (T) ---------------------------- PETITIONER :
--------------------- SHAHDHA V.M., AGED 19 YEARS, D/O. SAHARATH V.M., 38/1332 E1, MANHAL, KUNDUPARAMBA ROAD P.O. EDAKKAD, PUTHIYANGADI, CALICUT.
BY ADVS.SRI.N.M.MADHU SRI.P.P.HARRIS SMT.C.S.RAJANI RESPONDENT(S) :
----------------------------
1. THE CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA SADAN, 17, INSTITUTIONAL AREA ROUSE AVENUE, DELHI - 110 002 REPRESENTED BY ITS CONTROLLER OF EXAMINATIONS ALL INDIA PRE-MEDICAL/PRE-DENTAL TESTS DELHI.
2.
THE OFFICER ON SPECIAL DUTY CENTRAL BOARD OF SECONDARY EDUCATION ALL INDIA PRE-MEDICAL/PRE-DENTAL TESTS DELHI, SHIKSHA SADAN, 17, INSTITUTIONAL AREA ROUSE AVENUE, DELHI - 110 002
3. THE PRINCIPAL KMO HSS KODUVALLY KODUVALLY P.O., KOZHIKODE - 673 572.
R1 & R2 BY ADV. SRI.DEVAN RAMACHANDRAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2015, ALONG WITH WP(C) NO. 22156/2015 & WP(C) NO. 22157/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-
WP(C).No. 22152 of 2015 (T) APPENDIX PETITIONER'S EXHIBITS :
EXT.P1 : COPY OF THE ADMIT CARD ISSUED TO THE PETITIONER FOR THE EXAMINATION SCHEDULED TO 25.7.2015.
EXT.P2 COPY OF THE NOTIFICATION.
RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn
K. VINOD CHANDRAN, J.
------------------------------------------ W.P.(C) Nos. 22152, 22156 & 22157 of 2015 (T) ------------------------------------------ Dated this the 23rd day of July, 2015
J U D G M E N T
The very same contentions were considered in W.P.(C) No.21696/2015 and another, in which it was held in paragraph 5 thus:
"...., there shall be a direction that at the two centres indicated in the writ petitions, the Invigilator along with a woman Invigilator or another authorised officer shall be present half an hour before the examination commences. The petitioners who intend to wear a dress according to their religious custom, but contrary to the dress code, shall present themselves before the Invigilator half an hour before the examination and on any suspicion expressed by the Invigilator, shall also subject themselves to any acceptable mode of personal examination as decided by the Invigilator, but however carried on only by an authorised person of the same
W.P.(C) Nos. 22152, 22156 & 22157 of 2015 -2sex. If the Invigilator requires the head scarf or the full sleeve garments to be removed and examined, then the petitioners shall also subject themselves to that, by the authorised person. It is also desirable that the C.B.S.E issue general instructions to its Invigilators to ensure that religious sentiments be not hurt and at the same time discipline be not compromised."
The very same direction shall apply in the aforesaid writ petitions also. Writ petitions would stand disposed of. Sd/- K.VINOD CHANDRAN, JUDGE jjj