VIPIN KAUL Vs. CENTRAL BOARD OF SECRETARY EDUCATION

JUDGEMENT

(1.) Petitioner has filed the present petition seeking quashing of the decision of the respondent Board i.e. Central Board of Secondary Education not to permit to the petitioner to appear in chemistry (Code 043) Examination of the all India Senior Secondary School Examination on 11.3.2002 Petitioner further seeks a direction to the respondent to hold a special examination to permit the petitioner to appear for the chemistry examination or to appear in any special examination for the said subject, being held in riot affected areas.

(2.) Petitioner Vipin Kaul claims that on the morning of 11.3.2002, he developed acute right abdominal pain accompanied with vomiting and retching. He was immediately rushed to a local doctor, who gave emergency treatment. The petitioner claims that even though the Doctor had advised immediate admission for carrying out tests to rule out the possibility of acute appendicitis or acute renal colic. The petitioner with a view to avoid the prospect of losing the entire academic year refused to get admitted in Hospital and instead rushed to the examination centre. Petitioner claims that he reached the examination centre at about 10.40A.M. i.e. 10 minutes late. However, the security guard declined to allow the petitioner entry on the ground that examination had already started and the petitioner could not be allowed entry.

(3.) Petitioner assails the refusal to allow the petitioner to enter the examination. It is stated that as per the directions for candidates printed on the reverse of the admission card, petitioner could enter upto 10.45A.M. Petitioner complains of discrimination as two other students who had arrived few minutes earlier to the petitioner were permitted by the guards to enter on the ground that their car tyre had got punctured. The petitioner, his parents as well as few others sought to intervene on behalf of the petitioner but to no avail. Petitioner has filed along with the petition affidavits of persons, who were present at the scene. It is claimed that principal of petitioner's own school i.e. Tagore School pleaded the case, but to no avail. An officer of the Board who was Incharge of the Examination Centre declined to permit the petitioner to take the examination and finally the Principal of petitioner's school at about 11.30A.M. informed the petitioner's father that CBSE's officials had declined the permission.