BIBEK CHAUDHURI,J. - (1.) A minor student of Class -X has been running from pillar to post for favourable consideration of her case by the authority, in the instant case, the Central Board of Secondary Education and also repeatedly knocked at the door of Higher Judiciary for relief but till date her efforts go in vain.
(2.) Now, the salient facts for consideration of the instant writ petition.
(3.) The petitioner was initially disqualified to appear in the CBSE Examination for Class-X due to shortage of attendance. The petitioner, being a minor, approached her school which is affiliated to the Central Board of Secondary Education through her father to the effect that she could not secure requisite attendance required for appearing the Board examination and the shortfall in attendance may be condoned. The Principal of the school recommended the said prayer made by the father of the petitioner to the Board. However, the CBSE authority, more particularly, the Chairman, CBSE, the respondent No.1 herein failed and neglected to condone shortage of attendance of the said student. The petitioner, therefore, moved this Court in constitutional writ Jurisdiction by filing W.P. No.071(W) of 2020 . By an order dated February 24, 2020 a Co-ordinate Bench passed the following direction:- "I, therefore, direct the Chairman of the Board i.e. the respondent no. 3 to take a decision on the applications forwarded by the school authorities within three weeks from the date of the communication of this order. Equally I cannot overlook the fact that the said board examination is commencing from 26th February, 2020 and pending such decision if the petitioner is not permitted to sit in the examination she shall lose one year of her academic career. I, therefore, direct the school authorities to issue the admit card to the petitioner and the respondent no. 3 is further directed to permit the petitioner to sit in the examination but shall not publish the result. The permission to sit in the examination shall not create any special equity in favour of the petitioner as the same is subject to the result of the decision to be taken by the chairman of the said Board." ;