Divya Rani v. Central Board of Secondary Education

1. By the present writ petition, filed under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondent to accept her application form for re-appearing in the Mathematics subject and she be permitted to appear in the examination, which is scheduled to be conducted by the respondent in the month of March, 2013.

2. As per the petition, the petitioner was granted admission in 10+ 2 in non-medical stream in Modi Institute of Education and Research, Laxminagar, District Sikar, Rajasthan, in May, 2011. In March, 2012, the petitioner appeared in 10+2 final examination. The result of the ] abovesaid examination was declared in May, 2012, wherein the petitioner got compartment in Mathematics subject. Meanwhile, the petitioner was granted provisional admission in B.A. First year on provisional basis in Jaipur. 2013:DHC:7146 r- r

3. The petitioner applied to the respondent to re-appear in the Mathematics examination. In August, 2012, the petitioner appeared in the re-appear examination of Mathematics subject, but she could not succeed.

4. Learned counsel for the petitioner submits that in the month of January, 2013, the petitioner again applied to the respondent for re appearing in the Mathematics subject, for the examination scheduled in the month of March, 2013, however, her application form was not accepted by the respondent as the same was not submitted before the last date which was fixed. Counsel further submits that the petitioner was not aware of the last date fixed for submitting the application form as she was staying in Jaipur.

5. Ms.Amita Gupta, Advocate, enters appearance on behalf of the respondent on an advance copy and submits that the last date fixed for submission of application form was 15.9.2012 and by 15.1.2013 forms were accepted with late fee. Counsel further submits that there is no plausible explanation rendered by the petitioner for not submitting the application form by the last date fixed. Counsel also submits that the submission made by counsel for the petitioner that petitioner was not aware about the last date for submitting the application form cannot be accepted as in previous two years she had appeared in the examination and would, thus, be aware of the last date fixed for submission of the application form. W.P.(C) 1218/2013 2/3 V, / • - T r / Mi k

6. I have heard learned counsel for the parties considered their submissions. It is not disputed that the CBSE had fixed 15.9.2012 as the last date for submission of the application forms. Forms were accepted by the CBSE upto 15.1.2013 with late fee. Petitioner did not submit her application form upto 15.9.2013 or even during the extended period. The respondents cannot be blamed for the negligence on the part of the petitioner in submitting her application form. Petitioner has failed to give any reasonable explanation for the delay in submitting the form. The explanation rendered is not convincing for the reason that petitioner has already appeared twice for the same examination. The last date fixed by the CBSE for submitting the application form is to be respected. I find no reason to interference in the action of the respondents. Accordingly, present writ petition is without any merit and the same is dismissed. G.S.SSSTAN!, NARCH 01, 2013 msr