[Cites 0, Cited by 0]
Gauhati High Court
Page No.# 1/6 vs Central Board Of Secondary Education ... on 17 February, 2026
Page No.# 1/6
GAHC010031402026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/884/2026
SONALI DE AND ANR
W/O- DR. PIJUS KANTI DE, RESIDENT OF QUARTER NO. TYPE VI/NEW/A-2,
NIT SILCHAR CAMPUS, SILCHAR, PIN- 788010.
2: AYUSHMAN DE
S/O- DR. PIJUS KANTI DE
RESIDENT OF QUARTER NO. TYPE VI/NEW/A-2
NIT SILCHAR CAMPUS
SILCHAR
PIN- 788010
VERSUS
CENTRAL BOARD OF SECONDARY EDUCATION AND 2 ORS
NEW DELHI, REPRESENTED BY ITS CHAIRMAN, SIKSHA KENDRA 2,
COMMUNITY CENTRE, PREET VIHAR, DELHI-110092.
2:THE REGIONAL DIRECTOR
CENTRAL BOARD OF SECONDARY EDUCATION
REGIONAL OFFICE
GUWAHATI
KHANAPARA
DIST.- KAMRUP METRO
ASSAM
PIN- 781022.
3:THE PRINCIPAL
KENDRIYA VIDYALAYA
NIT
SILCHAR
DIST. CACHAR
ASSAM
PIN- 788010
Page No.# 2/6
Advocate for the Petitioner : MR N SARMA, MS M BORAH
Advocate for the Respondent : SC, CBSE,
Page No.# 3/6
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 17.02.2026
Heard Mr. N. Sharma, learned counsel for the petitioners. Also
heard Ms. R. Bora, learned Standing Counsel, Central Board of
Secondary Education (CBSE), appearing for the respondent nos.1 and
2.
2. The petitioners in the present proceedings have raised a
grievance with regard to the action on the part of the respondent
authorities in not permitting the petitioner no.2 to appear in his Senior
School Certificate Examinations, 2025.
3. As projected in the writ petition, the petitioner no.2 had a
uniformly good academic career. On clearing his Class- XI standard, the
petitioner no.2 was admitted to Class- XII and was to take his Senior
School Certificate Examination, in the year 2026. However, the
petitioner no.2 developed problems with regard to his eye sight and
was required to receive treatment at various places in the country.
Accordingly, the regular attendance of the petitioner no.2 in school was
disturbed. The petitioner no.2 on account of the ailments suffered by
him, as well as the treatment received for the purpose, had attended
his classes only for 74 days out of a total of 150 days of classes held
during the session 2025-2026. The petitioner no.1 had from time to
time approached the respondent no.3 and submitted applications
along with the medical documents pertaining to the treatment received
by the petitioner no.2 with a further prayer to condone his absence
from school.
Page No.# 4/6
As the final examinations for the Class-XII standard was
approaching, the petitioner no.1 approached the respondent no.3 for
permitting the petitioner no.2 to appear in his Class-XII final
examination. The said application was forwarded, without anything
further, by the respondent no.3 to the CBSE authorities and the same
came to be rejected on 27.01.2026. The petitioner no.1 as well as the
father of the petitioner no.2 again approached the respondent no.3 for
condonation of the absence of the petitioner from school during the
session 2025-2026 on account of his ailments. The said representation
as preferred before the CBSE authorities, through the respondent no.3,
was forwarded to the CBSE authorities by the respondent no.3 vide a
communication dated 13.02.2026 with a opinion that the case for
condonation of the attendance in case of the petitioner being rejected
by CBSE, there is no further ground for reconsideration of the same.
It is projected in the writ petition that the examination have
already begun on 17.02.2026 and in so far as the petitioner no.2 is
concerned, his 1st paper would be held on 20.02.2026. It is also
contended in the writ petition that it was learnt that the CBSE
authorities had already issued an admit card to the petitioner no.2 for
appearing in the said examination, however, the same was not
furnished to the petitioner no.2 by the school authorities.
It is in the above premises that the present writ petition has been
instituted.
4. I have heard the learned counsel for the parties and perused the
materials brought on record.
5. Mr. N. Sharma, learned counsel for the petitioners, has reiterated
the projections noticed hereinabove as made in the writ petition.
Page No.# 5/6
6. Ms. R. Bora, learned Standing Counsel, has fairly submitted that
the condonation of the attendance of the petitioner no.2 would be
permissible to be made by the CBSE authorities provided the
respondent no.3 recommends the case of the petitioner no.2 for the
purpose. She submits that the respondent no.3 had only forwarded the
documents without a recommendation leading to the rejection of the
claim by the CBSE.
7. The said issue would require a detailed consideration by this Court
which would be permissible to be made after respondents including the
respondent no.3 has filed an affidavit in the matter.
Accordingly, issue notice returnable by 4 (four) weeks.
Ms. R. Bora, learned Standing Counsel, CBSE, accepts notice on behalf
of the respondent nos.1 and 2.No formal notice is required to be
issued, however, requisite extra copies of the writ petition be furnished
to the learned counsel for the respondent nos.1 and 2.
8. Petitioners to take steps for service of notice upon the respondent
no.3 by way of speed post as well as dasti mode routed through the
Registry of this Court.
On effecting of such notice by way of dasti, petitioners to file an
affidavit in the matter.
9. In view of the fact that the examination of the petitioner i.e.
Senior School Certificate Examination, 2025, is already underway and
the 1st Paper of the petitioner no.2 is scheduled on 20.02.2026, this
Court, on a consideration of the materials brought on record and
noticing that the parents of the petitioner no.2 were regularly updating
Page No.# 6/6
the respondent no.3 about the reason for the absence of the petitioner
no.2 from School, is of the considered view that the petitioner no.2 be
not deprived of an opportunity to appear in the Senior School
Certificate Examination, 2025, presently under way.
10. This Court, accordingly, directs the CBSE authorities as well as
the respondent no.3, to take all requisite steps to ensure the
appearance of the petitioner no.2 in his Senior School Certificate
Examination, 2025, w.e.f. 20.02.2026 against the subjects wherein he
had submitted his form.
11. This Court in passing the said interim direction had also noticed,
that in the event, upon final consideration of the present writ petition,
the contentions raised by the petitioners is to be accepted and the writ
petition is to be allowed, at that stage it would not be permissible to
hold the said examination solely for the petitioner no.2 and accordingly,
the direction is issued to permit him to appear for the said examination
without any hindrance. The appearance of the petitioner no.2 in the
said examination would be however subject to the final outcome of the
present writ petition.
Respondents before the next date of listing, shall file their
respective responses in the matter.
12. Registry to list this matter again on 23.03.2026.
JUDGE
Comparing Assistant
