MOUSHUMI BHATTACHARYA,J. - (1.) The petitioner's son, one Nikhil Choudhury, a student of Abhinav Bharati High School, Kolkata, is presently giving his Class-XII Examination for 2019 under the Central Board of Secondary Education (CBSE). Nikhil Chowdhury, who was to give his Board Examination in English in the morning of 2nd March, 2019in the Birla High School, being the designated venue for such examination, could not reach the examination centre by the stipulated time; 10 a.m. The case of the petitioner is that while accompanying his son to the venue of the examination, his son Nikhil Choudhury missed a step while boarding a bus from Howrah station and suffered minor injuries for which he had to be prescribed medicines. As a consequence of this, the petitioner and his son (the examinee) reached the venue at 10.04 a.m., four minutes behind the stipulated time and was denied entry and not allowed to sit for the English Core Examination on the first day of the Board Examination for Class XII, 2019.
(2.) Learned counsel for the petitioner relies on the CBSE Admit Card for the Examination which shows that the English Core Examination was to be held on 2nd March, 2019 and the time of commencement of the examination indicated is 10.30 a.m. Note 4 of the instructions is to the effect, inter alia, that the examinee must report to the Examination Centre latest by 10.00 a.m. and that no candidate shall be allowed entry thereafter. Counsel shows two documents certified by a doctor in relation to a consultation made with an Orthopedic and prescribed medicines brought in the name of the petitioner. A communication dated 14th February, 2019 from the Centre Superintendent to the Controller of Examination is placed wherein it has been stated that Nikhil Choudhury reported in the centre at 10-10 a.m. and was not allowed to enter for that reason.
(3.) The communication further states that the reason for the examinee Nikhil Choudhury reaching late was due to traffic congestion on the road. The communication indicates the effort put in by the Observer and the Centre Superintendent to take the opinion of the City Coordinator in the matter and records that the latter was of the view that Nikhil Choudhury should not be permitted entry, despite which the Centre Superintendent put in a request to the Controller of Examination and the Regional Officer at Bhubaneswar to give an opportunity to Nikhil Choudhury to appear for the examination (English Core 301). Counsel relies on an e-mail sent to the Regional Officer, CBSE by the petitioner on 2nd March, 2019 and the second by the Principal of the School attended by Nikhil Choudhury stating inter alia that Nikhil Choudhury reached the venue at 10.04 a.m. and was delayed by reason of meeting with a minor accident while boarding a bus at Howrah.;