GAGANDEEP CHAUHAN Vs. GNCT OF DELHI

JUDGEMENT

(1.) BY this petition preferred under Article 226 of the Constitution of India, the petitioner has prayed for issue of a writ of mandamus directing the respondent to read down the bye-law 43 of Examination Bye-Laws- 1995 of the Central Board of Secondary Education (for short, ï¿ 1/2the Boardï¿ 1/2) so that a regular student can be permitted to undertake an examination in mathematics subject along with other subjects of Class XII which is going to take place on 22nd March, 2011.

(2.) IT is worth noting, the matter was listed before the learned single Judge on 18th March, 2011, whereby the learned single Judge had opined that in the earlier round of litigation, i.e., W.P. (C) No. 1203/2011 the Court had expressed the view that the petitioner is not entitled to get the relief in view of the language employed in the bye-laws. Thereafter, the learned single Judge, as is evincible from the order, thought it appropriate that the matter should be listed before a Division Bench as the prayer has been made, which comes within the ambit and sweep of challenge to the constitutional validity of the bye-law in question.

(3.) WE have heard Mr. V.P. Chaudhary, learned senior counsel along with Mr. G. Tushar Rao, learned counsel for the petitioner and Mr. Atul Kumar, learned counsel for the respondent-CBSE.