Kumari Shipra Mazumder v. Manoj Ahuja, The Chairperson, Cbse

29.03.2022 Sl. No.02 Mithun Ct.No.-42. Calcutta High Court In the Circuit Bench at Port Blair Appellate Side CPAN 13/2021 In WP 9303/2020 (Via Video Conference) Kumari Shipra Mazumder Vs.

Mr.Manoj Ahuja, The Chairperson, Central Board of Secondary Education.

Ms. Anjili Nag, Adv.

... for the petitioner.

Mr.M.P.Pillai, Adv.

...for the Contemnor.

It is submitted by Mr.Pillai, learned Advocate for the alleged contemnor that the C.B.S.E. has already published the result of the petitioner on 28th September, 2021. The contemner has also filed an affidavit both physically and by virtual mode before the Circuit Bench at Port Blair informing compliance of the order.

However, it is submitted by Ms. Anjili Nag that the examination of the petitioner was held in the month of March, 2020. This Court passed an order directing the C.B.S.E. Authority to publish the result of the petitioner on 20th December, 2020. The C.B.S.E. did not publish the said result of the petitioner.

Therefore, the petitioner was compelled to file the instant contempt application. Only after filing the contempt petition, C.B.S.E. published the result on 28th September, 2021.

Therefore, due to dilatory techniques of the contemnor, two valuable academic years of 2020 and 2021 of the petitioner were lost. Therefore, the loss of academic years of the petitioner ought to be compensated by cost.

Having heard the learned Counsel for the parties and having due regard to the facts and circumstances of the case this Court is of the view that loss of academic year of a student is a great loss and the same cannot be compensated by cost. It is established that due to lackadaisical approach of the C.B.S.E, the two valuable academic years of the petitioner were lost.

Since the result of the petitioner has already been published, I do not find anything left to be directed in the instant contempt petition. The contempt application, is, therefore, dropped. However, the CBSE Authority is directed to deposit a sum of Rs.10,000/- in favour of the District Legal Aid Services Authority, Andaman & Nicobar Islands as compensation to the loss of two academic years of the petitioner.

(Bibek Chaudhuri, J)