Punjab and Haryana HC rejects school boy’s plea on attendance shortage
Ajay Sura | TNN | Mar 29, 2019, 07:58 IST
Picture used for representational purpose onlyCHANDIGARH: The Punjab and Haryana high court has held that request of a juvenile, who remained behind bars during trial in a criminal case, for condonation of shortage of attendance for appearing in a board examination cannot be accepted.
In his plea, the juvenile contended that since his trial culminated into his acquittal, the period under custody ought to have been condoned.
Dismissing the plea, the HC held that even though the petitioner was ultimately acquitted, his reasons for being absent from classes on account of having remained in custody does not fall under situations contemplated under CBSE bylaws related to examination for condonation of shortage of attendance.
Justice Tejinder Singh Dhindsa passed these orders while turning down the plea of a minor boy who was not allowed to appear in Class X examination by the CBSE. The petitioner, a student of a private school in Jhajjar district in Haryana, had sought directions to the CBSE to issue him a provisional roll number so that he could sit in the Class X examinations in March 2019.
CBSE dismissed boy’s request for condoning attendance
The petitioner was arrested on September 21, 2018, after a criminal case was registered against him in Jhajjar and sent for trial before the Juvenile Court there. As he was around 15 years old, he remained in the juvenile home from September 21, 2018 till his acquittal in that case on February 21, 2019.
His counsel argued before the HC that after his acquittal, the petitioner had immediately approached the school authorities by submitting an application on March 2 for issuance of roll number to appear in the examination. However, he wasn’t allotted the admit card as he fell short of attendance and even the request for condonation was dismissed by the CBSE on March 7.
The counsel further submitted that the petitioner had deposited the entire fees along with fine for the period from December 2018 to March 2019 with the school, but he wasn’t issued the admit card even though the school principal had sent a letter of recommendation to the controller of examination, CBSE, for issuance of admit card.
Hearing the arguments, the HC reiterated the CBSE rules according to which attendance can be condoned on account of prolonged illness, loss of father/mother, any other reason of similar serious nature or authorised participation in sponsored tournaments, sports meets and NCC/NSS camps. The HC further mentioned that in the case of candidates with attendance below 60% in Classes X and XII, their claim may be considered for condonation by the CBSE chairman, but only in exceptional circumstances and that too on medical grounds.
In his plea, the juvenile contended that since his trial culminated into his acquittal, the period under custody ought to have been condoned.
Dismissing the plea, the HC held that even though the petitioner was ultimately acquitted, his reasons for being absent from classes on account of having remained in custody does not fall under situations contemplated under CBSE bylaws related to examination for condonation of shortage of attendance.
Justice Tejinder Singh Dhindsa passed these orders while turning down the plea of a minor boy who was not allowed to appear in Class X examination by the CBSE. The petitioner, a student of a private school in Jhajjar district in Haryana, had sought directions to the CBSE to issue him a provisional roll number so that he could sit in the Class X examinations in March 2019.
CBSE dismissed boy’s request for condoning attendance
The petitioner was arrested on September 21, 2018, after a criminal case was registered against him in Jhajjar and sent for trial before the Juvenile Court there. As he was around 15 years old, he remained in the juvenile home from September 21, 2018 till his acquittal in that case on February 21, 2019.
His counsel argued before the HC that after his acquittal, the petitioner had immediately approached the school authorities by submitting an application on March 2 for issuance of roll number to appear in the examination. However, he wasn’t allotted the admit card as he fell short of attendance and even the request for condonation was dismissed by the CBSE on March 7.
The counsel further submitted that the petitioner had deposited the entire fees along with fine for the period from December 2018 to March 2019 with the school, but he wasn’t issued the admit card even though the school principal had sent a letter of recommendation to the controller of examination, CBSE, for issuance of admit card.
Hearing the arguments, the HC reiterated the CBSE rules according to which attendance can be condoned on account of prolonged illness, loss of father/mother, any other reason of similar serious nature or authorised participation in sponsored tournaments, sports meets and NCC/NSS camps. The HC further mentioned that in the case of candidates with attendance below 60% in Classes X and XII, their claim may be considered for condonation by the CBSE chairman, but only in exceptional circumstances and that too on medical grounds.
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