KINJAL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner's case is that the petitioner originally secured 78 percent marks in Mathematics in his ISC Examination for Class XII.

(2.) The petitioner sought, at the earliest after such improvement of performance, to have himself admitted in the respondent No.2, Presidency University. The university refused to accommodate the petitioner in view of its own admission notice, which categorically states that data/information cannot be modified, under any circumstances, after final submission of application forms.

(3.) It is submitted by learned counsel for the petitioner that it has been held by the Hon'ble Supreme Court in Amit Bathla and Ors. Vs. Central Board of Secondary Education and Anr. reported at (2020) 7 SCC 233, that the notification published in respect of the CBSE examinations would apply to the ISC/ICSE examination as well. It is provided, inter alia, in such notification that the marks obtained by a candidate in the optional examinations will be treated as final for those who have opted to take the examinations. Learned counsel contends that in view of such legal position, the marks obtained by the petitioner should be deemed to relate back to the date of publication of the first result, which would make the petitioner eligible to be admitted to the Presidency University (in the Mathematics Department).