Dismissed¶36

Sameer Raj @ Sameer Raj Sinha v. The Union of India

Patna HC4 Feb 2025L.P.A/55/2025

Case brief

AI extract

What is this about?

Minimum age limit for CBSE Class 10 examination; waiver of State Government-fixed minimum age denied; under-age student (about 10 years) barred from 10th standard exam despite exceptional academic performance; CBSE rejection upheld as 'good and cogent reasons'; earlier order dated 08.01.2025 in CWJC No.10321 of 2024 affirmed; LPA No.55 of 2025 dismissed by Patna High Court on 04-02-2025; appellants Sameer Raj @ Sameer Raj Sinha and Arun Kumar Sinha; respondents include Union of India, State of Bihar, CBSE (Chairman, Secretary, Regional Officer, Patna) and B.D. Public School, Patna.

What did the court decide?

The minimum age fixed by the State Government for a 10th standard student should not be breached, and the appellant may not be permitted to waive that requirement merely on the ground of his having shown great promise in the past.

Sameer Raj @ Sameer Raj Sinha Vs The Union of India — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.55 of 2025

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Civil Writ Jurisdiction Case No.10321 of 2024

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Sameer Raj @ Sameer Raj Sinha Father Sri Arun Kumar Sinha, Resident of 63, C/C, South of Post Office Building, Mohalla- Peoples Co-operative Colony, Post Office- Loha Nagar, District- Patna.

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Sri Arun Kumar Sinha S/o Late Yogeshwar Prasad Sinha, Resident of 63, C/C, South of Post Office Building, Mohalla- Peoples Co-operative Colony, Post Office- Loha Nagar, District- Patna.

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... ... Appellant/s

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Versus

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1. The Union of India through Secretary (School of Education, and Literacy), Ministry of Human Resource Department, Shastri Bhawan, New Delhi.

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The State of Bihar, through Additional Chief Secretary, Education Department, New Secretariat, Patna.

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The Director, Secondary Education, Education Department, New Secretariat, Patna.

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Chairman, Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, New Delhi.

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Secretary, Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, New Delhi.

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Regional Officer, Central Board of Secondary Education, Regional OfficeAmbica Complex, Behind SBI Colony, Near Brahmsthan, Shikhpura, Bailey Road, Patna-800014.

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B.D. Public School, Buddha Colony, Patna through its Director Mr. S.B. Rai.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Anurag Saurav, Advocate Mr. Sharde Raje Singh, Advocate For the CBSE : Mr. Vinay Krishna Tripathy, Advocate For the State : Mr.AAG-13 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

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3 04-02-2025 This case is an illustration of a student who in

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Patna High Court L.P.A No.55 of 2025(3) dt.04-02-2025 2/3

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every probability or likelihood is expected to burn out

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because of his desire to over excel and over perform.

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The appellant had performed very well in the

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studies and had approached this Court earlier seeking a direction to the CBSE to permit him to appear in the 10^th standard examination even when he had not completed the minimum of 15 years of age.

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When such a request was made to the Court,

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he was about 10 years of age.

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Nonetheless, the Court finding the

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performance of the appellant to be exemplary, gave a window to him to approach the CBSE, which in turn was directed to take into account the performance of the appellant and take a decision regarding permitting him to appear in the examination even when he was under-age.

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The CBSE gave good and cogent reasons for rejecting such a prayer made by the appellant.

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6.Such decision of the CBSE has been affirmed by a bench of this Court vide order dated 08.01.2025

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Patna High Court L.P.A No.55 of 2025(3) dt.04-02-2025 3/3

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passed in CWJC No. 10321 of 2024, which is under challenge in the present appeal.

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There is no reason why the minimum age fixed by the State Government for a 10^th standard student should be breached and the appellant be permitted to waive such requirement only on the ground of his having shown great promise in the past.

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