1 / 5 2025:CGHC:57387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6022 of 2025 Rudra Gopal Gupta S/o Shri Ram Gopal Gupta Aged About 19 Years R/o Gupta House Indira Colony Tarbahar P S Tarbahar District - Bilaspur Chhattisgarh ... Petitioner(s) versus 1 - Union Of India Through The Secretary, Ministry Of Education Rajpath Area, Central Secretariat, New Delhi 110001 2 - Central Board Of Secondary Education (C B S E) Through Its Chairman Shiksha Kendra 02 Community Centre, Preet Vihar, New Delhi 110092 3 - Controller Of Examinations Central Board Of Secondary Education, Shiksha Kendra 2, Community Centre, Preet Vihar, New Delhi – 110092 4 - Regional Office Central Board Of Secondary Education, Bhubneshwar Plot No. 4 Pandit Sailashree Vihar, Chandrashekharpur, District Khordha, 751021, Odisha 5 - The Principal Intelligent Public School, Ratanpur, District Bilaspur Chhattisgarh ... Respondent(s) For Petitioner : Mr. Shailendra Dubey, Advocate with Mr. Aditya Tiwari, Advocate For Resp. No.1/Union of India : Mr. Ramakant Mishra, Dy. Solicitor General For Resp. No. 2 to 4/CBSE : Mr. T.K. Tiwari, Advocate Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.11.28 11:05:27 +0530 2 / 5 SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 25/11/2025 1. Petitioner has filed this writ petition seeking following reliefs: “10.1 Call for the entire record pertaining to the submission of examination forms for the Senior School Certificate Examination, 2026, from the Respondent authorities. 10.2 Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondent No.2 (CBSE) to grant permission to the Petitioner to fill up his examination form and deposit the requisite fee for the Senior School Certificate Examination, 2026. 10.3 Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondent No.2 (CBSE) to accept the said examination form and permit the Petitioner to appear in the forthcoming examination dated 17.02.2026 in all subjects. 10.4 Pass such further or other orders as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that petitioner had earlier appeared as regular student from Intelligent Public School, Ratanpur, Bilaspur/respondent No.5 herein. He appeared in senior school certificate examination (Class XII) in academic session 2024-25 but unfortunately he failed in one subject (Physics) . Petitioner being good student and having good academic track record decided to appear afresh in all subjects in forthcoming senior school certificate examination 2026. Respondent No.2/CBSE opened window for 3 / 5 submitting online application Form, from September 2025 to October 2025 but the petitioner suffered medical illness during that period, due to which, he could not able to submit online Form within time prescribed. Act of non submitting Form within prescribed period is not deliberate or petitioner’s own negligence but for circumstances beyond his control of illness. Petitioner approached to school authority but he was informed that as respondent No.2 has closed its portal/window, no help could be extended to him and, therefore, this writ petition. In support of his contention he relied upon decision in case of C.P Arya Public Jr. High School Vs. Central Board of Secondary Education (2024 SCC OnLine Del. 4775). 3. Learned counsel for respondents No. 2 to 4 would submit that petitioner is not a regular student. As submitted, he wanted to appear in examination as private student to improve result. Respondent No.2 has published notice on 04.09.2025 calling applications from private students for submission of application Forms which is to start from 09.09.2025. Last date was up till 30.09.2025 with normal fee and from 03.10.2025 to 11.10.2025 with late fee. He also contended that according to norms prevailing and forming part of notice, only online application is to be accepted and no offline mode application is permitted. It is not the case of petitioner that petitioner could not able to submit application online due to fault of third person but the petitioner, due to his own negligence, has not submitted application Form within prescribed time frame. 4. I have heard learned counsel for the parties and also perused documents annexed along with writ petition. 4 / 5 5. Annexure P-1 is a notice issued by respondent No.2 for submission of examination Form by private candidates for senior secondary (Class- XII) examinations 2025-26. Under sub-head “features of the Online system of submission of private candidates’ form”, it is clearly mentioned that no application shall be accepted in offline mode and further that no application shall be accepted after last date on any ground. In this writ petition, petitioner has assigned reason that petitioner fell ill for some period during the period prescribed for submission of examination Form. Annexure P-6 is the medical certificate issued by doctor mentioning that petitioner took treatment from said physician from 05.10.2025 to 15.10.2025. In that certificate, there is no mention about seriousness of illness of petitioner or that petitioner is advised for bed-rest or he took treatment as impatient, but it only mentions that petitioner was suffering by dysentery and abdomen pain. Period of treatment is from 05.10.2025 to 15.10.2025. No explanation is offered by petitioner as to why petitioner could not able to submit examination Form, from 09.09.2025 till 30.09.2025 i.e. period fixed for submission of Form with normal fee. It is expected from a student and school to comply with conditions as formulated by respondent No.2 for submitting Form and to maintain discipline. Issuing direction to respondent No.2 to accept the application Form even after the period prescribed for submission of Forms can only be in exceptional circumstances. 6. Decision which is relied upon by learned counsel for the petitioner is distinguishable on facts. In that case, about 16 students of particular school/ petitioner therein, could not able to submit their examination 5 / 5 Form online due to fault of school management and Court further considered that in similar circumstances, CBSE, respondent therein, has permitted some students of school at Rajasthan by making a statement that Admit Card will be issued to students. 7. Case of the petitioner is entirely on different facts. He wanted to appear as private student in Class XII examination. There was no hindrance or obstruction for the petitioner to submit application Form within the prescribed period with normal fee i.e. 09.09.2025 till 30.09.2025 and no explanation is offered as to why he could not submit the Form. Medical certificate which is enclosed along with writ petition does not mention that petitioner ever suffered serious medical ailment but for dysentery and that too for few days I.e. about 5 days only. 8. In the aforementioned facts of case, in the opinion of this Court, petitioner could not able to make out a case to exercise extraordinary jurisdiction of this Court under Article 226 in his favour. 9. Accordingly, writ petition is dismissed. Sd/- Sd/- (Parth Prateem Sahu) Judge Praveen