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whether students studying in institutions not affiliated to
the Board of Secondary Education can be permitted by the
High Court by an interim order to appear at the examination
conducted by the Board and ultimately can the Board be
compelled to issue certificates to those students who h ave
appeared at the examination pursuance to the interim
direction of the court notwithstanding the fact that the
institutions where the students were prosecuting their study
have not yet received affiliation of the Central Board of
Secondary Education? 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
conducted 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. The learned Judge also further
directed that the question of affiliation to Devi Academy
Educational Society, Guruvayoor will be decided by the
Board. Writ Appeal No. 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. 1566/96. In the said case on
the basis of the order of the learned single Judge the
students of the non-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 condition that the same will be subject to the
result of the O.P. The Writ Appeal No. 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 conducted by the Board and then further directed
that the certificates granted should be attached to the
condition that the same will be subject to the result of all
the pending proceedings. The two original petitions have
been preferred by 23 petitioners praying therein that the
certificate that has been issued in their favour with the
condition that it would be subject to the final decision of
the pending proceedings should be modified and they should
be granted fresh certificates. 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 compassionate
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 not be allowed to suffer
and accordingly modified conditions 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 -