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Bombay High CourtWP/3654/2017dispossed offdismiss for default

Jahnvi D/O Rajiv Yashroj, Minor Thr. Her Natural Guardian Father Rajiv Yashroy And Another v. Central Board Of Secondary Ecucation, Shikshan Kendra, Delhi, Thr. Chairman And Another

2017-07-01Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Rohit Baban Deo3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 3628/2017.

Ku. Ayushi Ashish Dixit, Nagpur.

-VERSUSCentral Board of Secondary Education, New Delhi and others. WRIT PETITION No. 3654/2017.

Jahnvi Rajiv Yashrey and another Nagpur.

-VERSUSCentral Board of Secondary Education, New Delhi and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI AND ROHIT B. DEO, JJ.

DATE : JULY 01, 2017.

Heard Shri B.G. Kulkarni and Shri P.D.

Meghe, learned Counsel for petitioners, Shri C.S. Kaptan, learned Senior Counsel with Shri P.S. Chawhan, learned Counsel for respondent nos. 1 and 2, Shri Joshi, learned A.G.P. for respondent nos. 3 and 4 and Ms. M. Chandurkar, learned Counsel for respondent no. 2 - Union of India in Writ Petition No. 3654/2017.

2.

Civil Application No. 1387/2017 filed by Shri P.D. Meghe, learned Counsel for petitioner in Writ Petition No.3654/2017 is allowed and disposed of. Necessary amendment be carried out within a period of one week.

3.

Our attention has been drawn to the notice dated 28.06.2017, issued by the Central Board of Secondary Education (CBSE). Its copy is taken on record and marked as "Exh.X" for identification. 4.

It is not in dispute that petitioner Ayushi and Petitioner Nidhi have accordingly applied for photo copies of their respective answer sheets and they have received it. Petitioner no.1 - Jahnvi has still not received that photo copies.

5.

Learned Senior Counsel submits that grievance of petitioner no.1 - Jahnvi about non-receipt of copies shall be looked into at the earliest. 6.

It is apparent that by adhering to the procedure stipulated in notice at Exh.X above, all petitioners can apply for revaluation [Scrutiny], if they so desire.

7.

In this situation, if applications for scrutiny are received by the CBSE, the Board shall process the

same as per law at the earliest and in any case within three working days from receipt of such request. 8.

If after receipt of Scrutiny any of the petitioners qualify for consideration in admission to technical/professional courses, respondent nos. 3 and 4 shall consider their eligibility and entitlement accordingly.

9.

With these observations and directions, Writ Petitions are disposed of. No cost.

10.

Copy of this order be furnished to learned counsel for the parties to act upon.

JUDGE JUDGE Rgd.