RUKUMONI BASUMATARY Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) NINE students of Oxford Public School, Maligaon, respondent No. 3, which is a unaffiliated school, by this writ petition has prayed for a direction to the Central Board of Secondary Education (in short CBSE) to allow 28 candidates of the said school to appear in the All India Senior School Certificate examination through any school affiliated by CBSE in Guwahati and to declare the results of the same. An interim order was also prayed for directing the CBSE to allow those candidates of 2006 through any CBSE affiliated school in Guwahati. A learned Single Bench of this Court vide order dated 24. 02. 2006 passed an interim order directing the CBSE and its Regional Officer to allow those 28 candidates in the said examination but directed and said authority to keep the result withheld until further direction from this Court. By another order dated 28. 02. 2006 another interim direction was issued continuing the earlier interim order dated 24. 02. 2006.

(2.) THE facts in brief is that the petitioners who have filed the writ petition on their behalf as well as on behalf of 19 other students of respondent No. 3 school, 28 in total, claim that they were admitted in Oxford Public School, Maligaon in Class XI in the year 2004, which school prepares students for appearing in the All India Senior School Certificate Examination conducted by the CBSE and which has not been affiliated by the CBSE. According to the petitioners though the management of the school has been trying to obtain affiliation under the CBSE it was not affiliated by the CBSE, when they were admitted into the said course and the school has also not been affiliated till date. The further case of the petitioners is that the students of the said school were allowed to appear in the said examination in the previous year i. e. 2003, 2004 and 2005 conducted by the CBSE from other schools in Guwahati, which are affiliated under CBSE. But as in this year i. e. 2006 the said schools refused to allow the students of the respondent No. 3 school to appear in the said examination of 2006 through them, without any permission from the CBSE authority to do so, their carrier as a student is in jeopardy, therefore has filed the writ petition seeking a direction to the CBSE authorities to allow them to appear in the examination of 2006 with an interim prayer directing the said authority to allow them to appear in the said examination conducted in 2006.

(3.) I have heard Mr. N. Dutta, learned senior counsel for the petitioners, Mr. Chinmoy Choudhury, learned counsel appearing on behalf of the respondent Nos. 1 and 2 i. e. CBSE authority and Mr. T. J. Mahanta, learned counsel appearing on behalf of the respondent No. 3 i. e. Oxford Public School.