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High Court of KeralaWP(C)/22451/2015disposed of

Beegum Sifana.Kp v. Central Board Of Secondary Education

2015-07-244 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 WP(C).No. 22451 of 2015 (F) ---------------------------- PETITIONER :

-------------------------- BEEGUM SIFANA.KP AGED 20 YEARS S/O. DR. SAYED KOYA P K PUTHIYANNAL HOUSE, 9TH BLOCK KEECHERY ANDROTH ISLAND LAKSHADWEEP 682 551 BY ADVS.SRI.R.ROHITH SRI.SAYED MURTHALA THANGAL RESPONDENTS:

---------------------------- 1.

CENTRAL BOARD OF SECONDARY EDUCATION SIKSHA SADAN, 17, INSTITUTIONAL AREA, ROUSE REVENUE, DELHI-10002, REPRESENTED BY 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 SIKSHA SADAN, 17, INSTITUTIONAL AREA, ROUSE REVENUE DELHI - 10002

3. THE PRINCIPAL, CHRISTU JAYANTHI PUBLIC SCHOOL RAJAGIRI VALLEY P O KAKKANAD KOCHI, ERNAKULAM, KERALA 682 039 R1-R3 BY SRI.DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22451 of 2015 (F) APPENDIX PETITIONERS EXHIBITS:

EXT.P1: TRUE COPY of the ADMIT CARD ISSUED TO THE PETITIONER EXT.P2: THE PHOTOCOPY OF the NOTIFICATION DATED 9/7/2015 ISSUED BY CENTRAL BOARD OF SECONDARY EDUCATION RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE jma

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 22451 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th 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

WPC.No.22451/2015 : 2 :

authorised person of the same sex. 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) jma //true copy// P.A to Judge