Page No.# 1/4 GAHC010150982025 2025:GAU-AS:9064 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3902/2025 1.RAJESH BASUMOTARY AND 4 ORS. S/O.- LATE ASNA RAM BASUMOTARY, R/O.- VILL.- ANANDAPUR, P.O.- THANAGHAT, DIST.- KARBI ANGLONG, ASSAM, PIN- 782441. 2: BINOD NARZARY S/O.- LATE GASAY RAM NARZARY R/O.- VILL.- AMARABOTI P.O.- MOTIPUR P.S.- MUSHALPUR DIST.- BAKSA ASSAM 3: ANANTA BORO S/O.- SRI BAKHOR BORO R/O.- VILL.- KATAJHAR GAON P.O.- KATAJHAR PATHAR P.S.- GOBORDHANA DIST.- BAKSA ASSAM 4: CHANDRA SEKAR BASUMOTARY S/O.- SRI MUNINDRA BASUMOTARY R/O.- VILL. - NABINAGAR P.O. AND P.S.- KACHUGAON DIST.- KOKRAJHAR ASSAM. 5: HEMANTA KR. BRAHMA S/O. LATE PRAFULLA KR. BRAHMA R/O.- VILL.- PATA KATA P.O.- PATA KATA P.S.- KASUGAON DIST.- KOKRAJHAR ASSAM -VERSUS- 1.THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF TRIBAL AFFAIRS, SHASTRI BHAWAN, NEW DELHI - 110011. 2:THE CONTROLLER OF EXAMINATIONS CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) SHIKSHA KENDRA- 2 COMMUNITY CENTRE PREET VIHAR NEW DELHI- 110092. Page No.# 2/4 3:THE SECRETARY CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) SHIKSHA KENDRA- 2 COMMUNITY CENTRE PREET VIHAR NEW DELHI- 110092. 4:THE DIRECTOR CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) REGIONAL OFFICE SHILPAGRAM ROAD (NEAR SANKARDEV KALASHETRA) PANJABARI GUWAHATI- 37. 5:THE CONTROLLER OF EXAMINATIONS CBSE REGIONAL OFFICE SHILPAGRAM ROAD (NEAR SANKARDEV KALASHETRA) PANJABARI GUWAHATI-37. 6:THE PRINCIPAL EKLAVYA MODEL RESIDENTIAL SCHOOL DALBARI BAKSA ASSAM Advocate for the Petitioner : MR H TALUKDAR, N DEKA Advocate for the Respondent : DY.S.G.I., SC, CBSE – B E F O R E – HON’BLE MR. JUSTICE NELSON SAILO ORDER Date : 15-07-2025 Heard Mr. H. Talukdar, learned counsel for the petitioners. Also heard Mrs. R. Bora, learned Standing Counsel, CBSE, appearing for respondent Nos.2, 3, 4 and 5. 2. Having regard to the nature of the grievance projected by the petitioners, the instant writ petition is taken up for disposal at this stage. 3. It is the case of the petitioners that their children are inmates of Eklavya Model Residential School at Dalbari in the District of Baksa, Assam. 4. It is submitted by Mr. H. Talukdar, learned counsel for the petitioners that Page No.# 3/4 the School has been set up for the benefit of Scheduled Tribe (ST) Community as well as people belonging to Below Poverty Line (BPL) and orphans residing in remote areas. The children of the petitioners are studying in Class X and they are going to appear for Supplementary Examination in certain subjects. While they were expecting to have their examination centre in the near vicinity of the School, they were surprised to receive their respective Admit Cards showing their examination centre at PM Shri Kendriya Vidyalay, New Bongaigaon, Assam which is situated at Bongaigaion District and at a distance of about 120 K.M. from the School. Since the petitioners do not have their means to provide their children to travel to the examination centre located at a far distance for undertaking the examination they approached the Regional Officer, Central Board of Secondary Examination (CBSE) through the Principal of the School by filing a representation on 10.07.2025. However, since their representation has not been considered and the examination is scheduled to begin on 18.07.2025 and being aggrieved, they are before this Court. 5. The learned counsel for the petitioners submits that having regard to the background of the petitioners and the main objective of setting up of such kind of School for the less fortunate students, the respondent authorities should be directed to change the examination centre to nearby centre easily accessible to the children of the petitioners. 6. Mrs. R. Bora, learned Standing Counsel, CBSE, on the other hand, submits that examination in respect of other similarly situated students are due to begin on 15.07.2025. She further submits that as per the written instructions she has received, the Supplementary Examination to be conducted by the Board is for a very limited period of time and to be conducted between 15th July, 2025 to 22nd July, 2025. The Board has to manage the examination within 47 centres Page No.# 4/4 available in the North East including Sikkim. She submits that, therefore, having regard to the limited period of time to complete the entire process and also for preparation of the results, change in the examination centre in the eleventh hour is not feasible. The learned Standing Counsel, CBSE, therefore, submits that the prayer of the petitioners cannot be accepted. 7. While the learned counsel for the parties have made their respective submissions as noted above, it is noticed that the representation submitted by the petitioners on 10.07.2025 has been forwarded by the Principal of the School to the Regional Officer, CBSE Regional Office, Guwahati on 11.07.2025. Therefore, having regard to the pendency of the same, this writ petition is disposed of by directing the Regional Officer, CBSE Regional Office, Guwahati, Assam to examine the representation submitted by the petitioners and take a decision by 16.07.2025 having regard to the fact that the examination is scheduled to be held on 18.07.2025. It is also provided herein that the Regional Officer, CBSE Regional Office shall make necessary consultations with the authority concerned in deciding change of examination centre as may be required while considering the representation submitted by the petitioners. It is also to be mentioned herein that while making such consideration, the authority concerned shall also take into account the nature of the School in which the petitioners’ children are studying. JUDGE Comparing Assistant