SHILVI NIGAM Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by the learned Single Judge on 25th February, 2008 dismissing the writ petition filed by the appellant. The writ petition was filed by the petitioner seeking a direction to the Central Board of Secondary Education to issue admit card to appear in Class 12th Board Examinations 2008, as a private candidate. The respondent Board issued an advertisement which was also widely publicized that all the prospective candidates for Class 12th Board examination are required to submit their forms in the listed branches of the Syndicate Bank on or before 5th september, 2007 by 1. 00 P. M. It was also mentioned in the said advertisement that thereafter also the form and fee may be deposited after the aforesaid date along with prescribed late fees. The last date for submission of admission form even with the late fee was also notified by the respondent, which was 29th october, 2007. The appellant, although was a prospective candidate, did not submit his form neither before 5th September, 2007 nor before 29th October, 2007. She submitted the form expressing her intention to appear in Class 12th board examination only on 10th December, 2007, which was beyond the prescribed and stipulated time. Since the same was not filed within the time prescribed, the said form was not accepted by the respondent No. 1 Board.

(2.) BEING aggrieved by the said action, the aforesaid writ petition was filed. The same was dismissed by the learned Single Judge, holding that there is no dispute with regard to the position that the form was tendered as late as on 10th December, 2007 despite the fact that the last date for submission of admission form even with the late fee was 29th October, 2007. It was also held that the appellant should have been vigilant and should have complied with the regulation and dates notified by the respondent and since she had not done so, there was no question of condonation of any delay nor any discretion was conferred on the respondent to condone the delay.

(3.) WE find no reason to take a different view than that taken by the learned Single Judge. The date fixed for submission of the form for private candidates was 5th September, 2007, but even thereafter an opportunity was available to the prospective candidates to submit their applications with late fees till 29th October, 2007. There was no jurisdiction and power vested in the respondent to accept any form thereafter.