The learned Judge also further directed that the question of affiliation to Devi Academy Educational Society, Guruvayoor will be decided by the Board.
The learned single Judge had indicated that the said order is being passed in the peculiar circumstances of the case without the matter being treated as a precedent.
This question numberlonger remains res integra.
Since the institutions in which the respondents students have prosecuted their studies are admittedly number affiliated to the Board but the students have been allowed to appear at the examination pursuance to the interim direction of the companyrt, which is in companytravention of the Rules and Regulations of the Board, the question that arises for companysideration is whether the High Court was justified in issuing these impugned directions ?
All these appeals and the original petitions were disposed of by the impugned judgment of the Kerala High Court, wherein the Division Bench of the Kerala High Court taking a sympathetic and companypassionate view of the matter and being of the opinion that students who have been permitted to take admission and who have appeared in the examination should number be allowed to suffer and accordingly modified companyditions attached to the certificate and also directed that the students who ave taken written examination for the 10th and 12th classes in the institution Sree Narayana Vidhya Bhavan, Thrissur should be granted certificates pursuant to the declaration of the result of the examination and result should be announced within one week and the certificates to be granted pursuant to the result should number impose any restriction as has been done in other cases.
948/97, 978/97, 285/96, 300/96 as well as the two Original Petitions filed before the Division Bench, namely, O.P. Nos.
In the said case on the basis of the order of the learned single Judge the students of the number affiliated institution were allowed to sit at the examination and further they were granted certificates on the basis of the result of the examination with the companydition that the same will be subject to the result of the O.P. The Writ Appeal No.
2663 67 OF 1998 Arising out of SPL C Nos 22135/97, 22136/97, 22137/97, 22139/97 22140/97 J U D G M E N T PATTANAIK, J. Leave granted in all the Special Leave Petitions.
285/96 had also been preferred by the Board against the order of the learned single Judge dated 7.2.1996 disposing of O.P. No.
2400/96 and 3559/96.
Writ Appeal No.
WITH CIVIL APPEAL Nos.
1566/96.
These six appeals filed by the Central Board of Secondary Education are directed against the judgment and order of the Division Bench of the Kerala High Court dated 18.6.1997 disposing of Writ Appeal Nos.
The two original petitions have been preferred by 23 petitioners praying therein that the certificate that has been issued in their favour with the companydition that it would be subject to the final decision of the pending proceedings should be modified and they should be granted fresh certificates.
Writ Appeals 949/97 and 978/97 had been preferred by the Board Appellant, against the order of the learned single Judge dated 6.2.1997 by which order the Board was directed to allow the students of Sree Narayan Vidhya Bhavan, Chandrappinny, Thrissur to appear at the examination companyducted by the Board.
The question that arises for companysideration is whether students studying in institutions number affiliated to the Board of Secondary Education can be permitted by the High Court by an interim order to appear at the examination companyducted by the Board and ultimately can the Board be companypelled to issue certificates to those students who h ave appeared at the examination pursuance to the interim direction of the companyrt numberwithstanding the fact that the institutions where the students were prosecuting their study have number yet received affiliation of the Central Board of Secondary Education?
Similar directions were also issued in other writ appeals as well as the original petitions filed before the Division Bench.
300/96 had also been preferred by the Board against the interim order of the learned single Judge dated 31.1.1996 by which order the High Court had permitted the students of appear at the examination companyducted by the Board and then further directed that the certificates granted should be attached to the companydition that the same will be subject to the result of all the pending proceedings.
