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High Court of DelhiW.P.(C)/3119/2018

Social Jurist, A Civil Rights Group v. Central Board Of Secondary Education (Cbse) And ORS.

2018-04-16Hon'Ble The Acting Chief Justice,Hon'Ble Mr. Justice C.Hari Shankar3 pages

$~25 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3119/2018 SOCIAL JURIST, A CIVIL RIGHTS GROUP .... Petitioner Through:

Mr. Ashok Aggarwal, Ms.

Girija Krishan Varma and Mr. Sachin kumar Sharma, Advs.

Versus

CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) AND ORS.

... Respondents Through:

Mr. Amit Bansal for R1/CBSE Ms.

Maninder Acharya, ASG with Mr.

KirtimanSingh, CGSC, Mr.

Sahil Sood, Mr. Hushul Chaudhary, Mr. Waize Ali Noor and Mr.

Viplav Acharya, Advocates for UOI.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R

% 16.04.2018 CM. APPL. No. 14775/2018 1.

This application has been filed by an NGO " Suniye". The counsel for the applicant submits that the re-examination for the Class XII Economics paper has been scheduled by respondents on

25th April, 2018 which is in close proximity to the date fixed for several important entrance exams in different specialisation including engineering, armed forces and the medical colleges. 2.

It is submitted by Mr. Amit Bansal, learned counsel for CBSE/respondent no.1 that the CBSE has taken into consideration all relevant aspects of the matter before scheduling the date. It has been submitted that no entrance examination has been pointed out by the applicant which is in proximity to the date fixed, i.e., 25th April, 2018 and that a lot of care has been taken before going into the selection of the date of examination.

3.

Judicial notice can be taken on the fact that a re-examination needs to be fixed on a specific date and that fixation of any date would not satisfy all the students.

4.

In the present case, the re-test for the class XII Economics paper has been necessitated because of a large-scale leakage of a question paper for the Economics examination. 5.

The re-test has to be conducted. The scheduling thereof is beyond the competence of this Court. This application is, therefore, dismissed.

W.P.(C) 3119/2018 6.

A status report has been filed on behalf of the Delhi Police which is handed over by Mr. Satyakam, learned ASC for respondent no. 3. The same is taken on record. 7.

Mr. Ashok Aggarwal, learned counsel for the petitioner submits that the grievance/ prayer of the petitioner stands satisfied. 8.

Accordingly, this writ petition does not detain us any further

which is, accordingly, disposed of.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J APRIL 16, 2018 Nk