GAURAV DAHIYA Vs. CENTRAL BOARD OF SCHOOL EDUCATION

JUDGEMENT

(1.) Gaurav Dahiya (minor), has filed the instant petition through his father and natural guardian Sh. Pardeep Dahiya, assailing the order dated 07.03.2019 (Annexure P-6) passed by the Central Board of Secondary Education, declining the request for condonation of shortage of attendance. A writ of mandamus is sought to direct the respondent authorities to issue to the petitioner the provisional roll number so as to enable him to sit in the 10th class examination, slated to be held in the month of March 2019.

(2.) Brief facts are that the petitioner is a Class 10th student with the Brigadier Ran Singh Public School, Dujana, District Jhajjar, Haryana and which is affiliated to the Central Board of Secondary Education. Petitioner was arrested on 21.09.2018 on account of registration of FIR No.971 dated 21.09.2018 at Police Station, Jhajjar. He was sent for trial before the Juvenile Court, Jhajjar, his date of birth being 05.01.2003. He remained in the Juvenile Jail/Home from 21.09.2018 to 21.02019. Appended alongwith the writ petition is copy of the judgment dated 21.02019, (Annexure P-2) passed by the Principal Magistrate, Juvenile Justice Board, Jhajjar and in terms of which the petitioner has earned acquittal. It has been averred that the petitioner immediately approached the school authorities by submitting an application on 003.2019 praying for issuance of the roll number so as to appear in the 10th class examination to be conducted in the month of March 2019. The requisite roll number has been denied to the petitioner as he fell short of attendance and even the request for condonation has been dismissed vide impugned order dated 07.03.2019 (Annexure P-6)

(3.) Counsel has argued that the petitioner had deposited the entire dues/fees alongwith fine etc. for the period from Dec. 2018 to March 2019 with the school and inspite of the Principal of the School having sent the recommendatory letter to the Controller of Examination, CBSE, for issuance of admit card/roll number, the same has been declined. Counsel urges that the action of the respondent authorities is unjust and arbitrary. Further argued that the petitioner had remained in custody for the period from