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2025 DAILYLAW 33527 (RAJ)

MS. SRISHTI SRIVASTAVA DAUGHTER OF SHRI VISHAL SRIVASTAVA v. CENTRAL BOARD OF SECONDARY EDUCATION

SAW/1013/2023 · 2025-09-15

Avneesh Jhingan, Baljinder Singh Sandhu

body2025

Judgment text

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[2025:RJ-JP:37301-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 1013/2023 Ms. Srishti Srivastava Daughter Of Shri Vishal Srivastava, Aged About 20 Years, Permanent Resident Of D-2, M.d. Colony, Naka Madar, Ajmer Through Her Natural Guardian (Father)- Vishal Srivastava Son Of Shri Jai Prakash Srivastava, Aged 49 Years. ----Appellant Versus 1. Central Board Of Secondary Education, Head Quarter - Shiksha Kendra, 2 Community Centre, Preet Vihar, Delhi 110092. 2. The Regional Officer, Central Board Of Secondary Education, Regional Office - Todarmal Marg, Ajmer - 305001. 3. The Principal, Samrat Public Senior Secondary School, Near Daharsen Smarak, Kotra, Ajmer - 305004. ----Respondents For Appellant(s) : Mr. Ashish Kishore Saksena with Mr. Harshit Mittal For Respondent(s) : Mr. Vishwas Saini for Mr. M.S. Raghav HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 15/09/2025 1. This intra-court appeal is filed aggrieved of order dated 04.10.2023 passed by the learned Single Judge in SBCWP No.17031/2022 dismissing the writ petition filed by the petitioner with a prayer seeking quashing of communication dated 10.12.2022 rejecting the claim of the petitioner challenging the marks assessed for Class-XII during the covid period. [2025:RJ-JP:37301-DB] (2 of 2) [SAW-1013/2023] 2. The writ petition was dismissed for the reasons that (i) the petitioner failed to avail opportunity to appear in physical examination inspite of being provided an opportunity; (ii) as per clause of 28 and 32 of the policy the result shall be treated as final; (iii) the reassessment or wrong assessment of the answer sheet cannot be considered in writ petition and lastly; (iv) the expert committee had already rejected the claim of the appellant. 3. Heard counsel for the parties and perused the pleadings. 4. During hearing it has been apprised that the appellant got admission in B.tech (Computer Science) and is in the final year of the graduation. 5. Considering that the appellant is already pursuing the course she desired for, the questions raised in the appeal have been rendered academic and no case is made out for interference in the intra-court appeal. The appeal is disposed of as infructuous. 6. It is clarified that the questions raised in the writ petition shall remain open and be not treated as precedent. (BALJINDER SINGH SANDHU),J (AVNEESH JHINGAN),J RIYA/28