Amnah Bint Basheer v. Union Of India
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. 22272 of 2015 (H) ---------------------------- PETITIONER :
--------------------- AMNAH BINT BASHEER AGED 19 YEARS, D/O. A.P. MUHAMMED BASHEER RESIDING AT KURUPPATH BAQUIYATH VENMENAD PAVARATTI P.O., THRISSUR, KERALA - 680 507.
BY ADVS.SRI.K.SHIBILI NAHA SRI.SAJU RAGHAVAN SRI.M.P.SHAMEEM AHAMMED RESPONDENT(S) :
---------------------------- 1.
UNION OF INDIA REPRESENTED BY THE SECRETARY DEPARTMENT OF EDUCATION (HUMAN RESOURCES) CENTRAL SECRETARIAT, NEW DELHI - 110 001.
2.
CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA SADAN, 17 ROUSE AVENUE NEW DELHI - 110 002, REP. BY CHAIRMAN.
3.
OFFICER ON SPECIAL DUTY ALL INDIA PRE-MEDICAL/PRE-DENTAL ENTRANCE EXAMINATION UNIT OFFICE OF THE CENTRAL BOARD OF SECONDARY EDUCATION NEW DELHI - 110 002..
R1 BY ADV. SRI.N.NAGARESH, ASGI R2 & R3 BY ADV. SRI.DEVAN RAMACHANDRAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...2/-
WP(C).No. 22272 of 2015 (H) APPENDIX PETITIONER'S EXHIBITS :
EXT.P1 : COPY OF THE ADMIT CARD (ONLINE) ALLOTTING EXAMINATION CENTRE AT RAJAGIRI PUBLIC SCHOOL, KALAMASSERY, ERNAKULAM DISTRICT.
EXT.P2 COPY OF THE DECLARATION SUBMITTED BY THE PETITIONER. EXT.P3 COPY OF THE NOTIFICATION NO. CBSE/AIPMT/RE/2015-3282 DATED 9.7.2015.
RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn
K. VINOD CHANDRAN, J.
------------------------------------------ W.P.(C) No.22272 of 2015 (H) ------------------------------------------ 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 sex.
W.P.(C) No.22272 of 2015 -2If 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 petition also. Writ petitions would stand disposed of. Sd/- K.VINOD CHANDRAN, Judge jma //true copy// P.A to Judge