SATYABRATA GUPTA Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The petitioner's son, Mayukh Gupta, was studying in Class-IX in Aditya Academy School at Barasat (Respondent No.6) which is affiliated to the Central Board of Secondary Education at Delhi (Respondent No.2). The said Mayukh Gupta all on a sudden fell seriously ill for which he had to undergo medical treatment and that it was detected that the petitioner's son was suffering from ADHD with Dyslexia and he was under constant medical treatment. The respondent No.2 authorities in recognition of the candidature of the petitioner's son for the CBSE Board Examination (Xth Standard) which was due to be held in the year 2007 issued the Registration Card. The petitioner's said son appeared in the Examination of Class IX and the respondent No.6 upon considering his track record and overall performance declared him to be promoted to Class X of the said school. In Class X of the said school the petitioner's son sat for the Test Examination and the school authorities were satisfied with the results of the petitioner's son and the petitioner's son was selected for appearing in the Board Examination which was due to be held in the year 2007 and the said Mayukh Gupta's name was sponsored by the school authority concerned to the office of the Central Board of Secondary Education. The Central Board of Secondary Education, after considering the case of the petitioner's son, issued the Admit Card in favour of the petitioner's son mentioning his Roll No. etc. Unfortunately, the petitioner's son could not appear in the Board Examination in 2007 since there was a relapse of his illness. At about that time the petitioner was transferred from Calcutta to Tufangunj and under such circumstances the petitioner's family had to shift from Calcutta to Tufangunj and after obtaining a transfer certificate in favour of the petitioner's son, the said Mayukh Gupta was admitted in Class X in a school at Coochbehar viz. B.D. Jain Modern High School which is also affiliated to the said Central Board of Secondary Education. It appears from the writ petition that such admission took place on April 26, 2007 at the commencement of the academic session 2007-08. The said Mayukh Gupta was regularly attending classes in the said school at Coochbehar and was preparing himself for appearing in the Test Examination for the purpose of finally appearing in the Board Examination which was due to be held in March, 2008. On all a sudden, according to the petitioner, the petitioner's son came to learn from the school authority concerned that the Central Board of Secondary Education has informed the school authority that it has not granted permission for admission of the petitioner's son in the said school in Class-X for AISSE-08 and hence his name would be deleted from the Nominal Roll for AISSE-08.

(2.) Thus, in such circumstances, the petitioner came up before this Court with the present writ petition. By an order dated 13.2.2008 an Honourable single Bench of this Court found that there is a strong prima facie case in favour of the petitioner's son for allowing him to appear in the Board Examination of 2008 and having found that the balance of convenience is in favour of the petitioner's son, the Honourable Judge was pleased to pass an interim order to the effect that the CBSE shall, without prejudice to its rights and contentions in the writ petition, issue a provisional Admit Card to the petitioner's son to enable the petitioner's son to appear in the said examination. The Honourable Judge was pleased to make it clear that no equity shall be claimed by the petitioner or his son and that it will be open to the CBSE to withhold the results of the petitioner's son.

(3.) The learned advocates appearing for the respective parties, namely, the petitioner and the respondent Nos. 2, 3 and 4, submit that the petitioner's son has since appeared for the Board Examination of 2008 but the results in respect of such examination, in so far as the petitioner's son is concerned, has not been declared as yet.