[Cites 1, Cited by 0]
Kerala High Court
Chinmaya Vidyalaya vs The Central Board Of Secondary ... on 3 February, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) NO. 3941 OF 2026
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2026:KER:9218
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 3RD DAY OF FEBRUARY 2026 / 14TH MAGHA, 1947
WP(C) NO. 3941 OF 2026
PETITIONER :
CHINMAYA VIDYALAYA
VIDYANAGAR KASARGOD,
REPRESENTED BY ITS PRINCIPAL;
VIDYANAGAR PO, KASARGOD DISTRICT,
PIN - 671123
BY ADVS.
SHRI.SURESH KUMAR KODOTH
SMT.V.BEENA
RESPONDENTS :
1 THE CENTRAL BOARD OF SECONDARY EDUCATION
REPRESENTED BY ITS SECRETARY,
SIKSHA KENDRA, COMMUNITY CENTRE,
PREETH VIHAR, NEW DELHI,
PIN - 110092
2 CONTROLLER OF EXAMINATIONS
CENTRAL BOARD OF SECONDARY EDUCATION,
SIKSHA KENDRA, COMMUNITY CENTRE,
PREETH VIHAR, NEW DELHI,
PIN - 110092
3 REGIONAL OFFICER
REGIONAL OFFICE,
CENTRAL BOARD OF SECONDARY EDUCATION,
PATTOM, THIRUVANANTHAPURAM,
PIN - 695004
WP(C) NO. 3941 OF 2026
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BY SRI.AJIT JOY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BECHU KURIAN THOMAS, J.
--------------------------------
W.P.(C) No.3941 of 2026
---------------------------------
Dated this the 3rd day of February, 2026
JUDGMENT
Petitioner seeks for a direction to quash Ext.P9 and also for
a direction to correct the subject code of the language 'Sanskrit' in
the registration of the Class 10 students of the school in the Board
Examination scheduled for 2025-2026 as requested for in Ext.P1
(wrongly mentioned as Ext.P2 in the relief portion).
2. Petitioner is a Senior Secondary School affiliated to the
first respondent. There are several students of the school (114 in
number) who are about to take X Standard Board Examination in
February, 2026. However, 38 students out of the 114 had opted for
'Communicative Sanskrit' as their subject of study. They have been
put to a serious prejudice on account of a mistake committed by the
school. The subject code of 'Communicative Sanskrit' as per the
CBSE prescription is '119' while at the time of registering those 38
students for the Board Examination, the school authorities wrote the
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subject code as '122'. After wrongly registering the students under
the above subject code, petitioner realized the mistake and
immediately sought to correct the same by Ext.P1 request letter.
The students also requested by Ext.P2 to carryout the correction
immediately to enable them to write the examination. In the
meantime, there were several communications between the first
respondent and the petitioner and finally by Ext.P9 order, it was
informed that the timeline for carrying out the corrections on the
subject code expired by 27.10.2025 and since the school had failed
to carry out the corrections by them, the request was declined. It is
at this juncture that petitioner has approached this Court.
3. A statement has been filed by the first and third
respondents pointing out that pursuant to the request of the school,
the documents were verified and it was noticed that the last date
for online submission of list of candidates was 13.09.2025 with
normal fees and corrections, if any, which should be carried out
during 13.10.2025 to 27.10.2025 within which period the correction
portal was kept open. However, despite the school failed to identify
the discrepancy or report the same until 12.01.2026 which is much
after the closure of the correction portal. Thus, the school was
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informed by communication dated 23.01.2026 that the request to
carryout the said change cannot be acceded to since the application
was not submitted within the prescribed time. The respondents also
stated that the 38 students are now eligible to appear for the
subject 'Sanskrit' with the code 122 in the Board Examination and
the same shall not cause any prejudice to them as the subjects are
similar and comparable in nature.
4. I have heard the learned counsel for the petitioner as
well as the learned Standing Counsel.
5. 38 students of the petitioner had undergone studies in
'Communicative Sanskrit' for the X Standard. The subject code for
'Communicative Sanskrit' is admittedly '119' while the school, at the
time of registering those 38 students, wrongly mentioned the
subject code as '122'. Obviously, the students have been expecting
and preparing in advance for writing the subject 'Communicative
Sanskrit'. Even if there be a similarity in the subject and is
comparable in nature, still, the students had registered themselves
and studied for the subject 'Communicative Sanskrit'. Therefore it
is only appropriate that the students be permitted to write the
examination.
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6. However, after the registration of the students by the
first respondent was carried out, much water has flown since the
question papers would have already been sent for printing and
various other steps would have also been taken. Therefore
normally, the timeline prescribed by the first respondent cannot be
interfered with. Such timelines are prescribed with a purpose and in
the absence of any extraordinary reason, this Court would not be
justified in interfering with such timelines.
7. Despite the above, taking into consideration the plight
of the 38 innocent students who had been preparing themselves for
writing the subject 'Communicative Sanskrit' will be subjected to
serious prejudice, if they are forced to write 'Sanskrit', solely on
account of a mistake by the school authorities. Hence an
extraordinary situation has arisen for this Court to interfere.
Compelling the students to undergo an examination against their
will and choice would not be justifiable. In such circumstances, I
deem it to be an extraordinary situation where the jurisdiction
under Article 226 of the Constitution of India ought to be invoked to
direct respondents 1 and 3 to correct the subject code. Failure to
exercise the jurisdiction will render serious prejudice to the 38
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innocent students.
8. Accordingly, there will be a direction to respondents 1, 2
and 3 to correct the subject code, as requested for in Ext.P1 from
'122' as already registered in the name of 38 students mentioned in
Ext.P4 to the subject code '119' immediately and permit those
students to write the examination 'Communicative Sanskrit' instead
of 'Sanskrit' for the X Standard Board Examination, 2025-26.
Needless to mention that this shall not restrain the CBSE from
initiating appropriate action against the school authorities for the
mistake committed by them, in accordance with law and also for
recovering any cost incurred by the respondents. It is also clarified
that this shall not be treated as a precedent and the order has been
issued solely on account of the extraordinary situation that has
arisen.
The writ petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
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APPENDIX OF WP(C) NO. 3941 OF 2026
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE LETTER DATED 12/1/2026
SENT IN EMAIL, TO THE 2 ND RESPONDENT
Exhibit P2 TRUE COPY OF THE LETTER DATED 12/1/2026
SUBMITTED BY STUDENTS
Exhibit P3 TRUE COPY OF REPLY LETTER DATED 12/1/2026
ISSUED BY 3RD RESPONDENT
Exhibit P4 TRUE COPY THE LIST OF CANDIDATES OF 38
STUDENTS
Exhibit P5 TRUE COPY OF THE REPORT CARD OF ONE THE
STUDENTS, NAMELY ABDUL RAHIMAN MUHSIN K,
FOR SESSION 2025-26
Exhibit P6 TRUE COPY OF THE COUNTER FOIL OF THE
PAYMENT SLIP DATED 13/1/2026 SHOWING
PAYMENT OF RS. 38,000/-
Exhibit P7 TRUE COPY THE REQUEST LETTER DATED
14/1/2026
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED
23/1/2026 SUBMITTED BY PETITIONER BEFORE
THE 3 RD RESPONDENT
Exhibit P9 TRUE COPY OF ORDER/COMMUNICATION DATED
23/1/2026 ISSUED BY THE 3RD RESPONDENT
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED
27/1/2026 SUBMITTED BY PETITIONER BEFORE
THE 2 ND RESPONDENT
Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED
29/1/2026 SUBMITTED BY PETITIONER BEFORE
THE CHAIRMAN OF THE FIRST RESPONDENT
Exhibit P12 TRUE COPY OF CIRCULAR DATED 13/10/2025
