Disposed

Daksh Gurjar v. Central Board of Secondary Education

Rajasthan HC23 Aug 2024CW/11491/2024

Case brief

AI extract

What is this about?

Writ petition by class XII and X students whose supplementary exam fee deposit failed due to a school's technical error. Court directed the Board to declare exam results within two days and reserved liberty for students to seek remedies against the supplementary exam results.

What did the court decide?

Direction to declare results within two days; liberty to take appropriate remedy if aggrieved by supplementary exam results.

Daksh Gurjar Vs Central Board of Secondary… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:35075]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 11491/2024

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Daksh Gurjar, Aged About 17 Years, Through His Natural Guardian Mother Renu Gurjer W/o Shri Rajesh Kumar Gurjar Aged About 37 Years R/o 3, Gupteshwar Nagar, Jc Nagar, Amba Fala, Udaipur.

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Yug Govind Gaur S/o Chetan Guar, Aged About 18 Years, R/o Sindhi Bazar, Futa Darwaja,gaur Chowk, Udaipur.

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Heeth Choudhary S/o Shri Mahendra Choudhary, Aged About 18 Years, R/o Shreeji Nagar, Shobhagpura, Near Ceremony Resort, Udaipur.

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Nishant Bhargava S/o Shri Satyendra Bhargawa, Aged About 18 Years, R/o 2/7, Jai Shree Colony, Dholkot Area, Udaipur.

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Shivam Shrimali S/o Shri Sushil Shrimali, Aged About 18 Years, R/o New Keshav Nagar, Udaipur.

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Bhupendra Singh Tanwar, Aged About 17 Years, Through His Guardian Uncle Shri Mahendra Singh Chouhan S/o Dhruv Narayan Chouhan Aged About 53 Years, R/o 123, Arihant Vihar (Akashwanti) Purohiton Ki Madri, Udaipur.

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Divyanshi Meena D/o Phoolaram Meena, Aged About 18 Years, R/o 40, Prem Nagar, Titardi, Udaipur.

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Gourav Nagda, Aged About 17 Years, Through His Natural Guardian Mother Kanta W/o Shri Daulat Ram Nagda Aged About 40 Years, R/o 2, Anand Nagar, Gariyawas, Udaipur.

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Pranjali Sharma D/o Shri Dharmendra Sharma, Aged About 18 Years, R/o 9, Gokul Village Udaipur.

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Yashwardhan Singh S/o Shri Rajendra Singh, Aged About 18 Years, R/o House No. 209/6, Aawari Mata, Central Area, Udaipur.

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Kanishkaraj Chouhan, Aged About 17 Years, Through His Natural Guardian Father Shri Mahendra Singh Chouhan S/o Dhurav Narayan Aged About 53 Years R/o 123, Arihant Vihar Colony, Purohiton Ki Madri, Udaipur.

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Rishabh Jani, Aged About 17 Years, Through His Natural Guardian Father Shri Ashish Jani S/o Sh. Laxmikant Jani Aged About 40 Years, R/o New Keshwa Nagar, House No.32 Udaipur.

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Shubham Dangi S/o Shri Raju Lal Dangi, Aged About 18 Years, R/o E-44, Mardi, Udaipur.

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Yash Verma S/o Shri Kailash Verma, Aged About 18 Years, R/o 174/19, Near Ganesh Temple, Rav Ji Ka Hata, Udaipur.

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Chayan Prajapat S/o Shri Param Ram Prajapat, Aged About 18 Years, R/o 25, Kalka Mata Road, Pahada, Udaipur.

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Daksh Rawat, Aged About 17 Years, Through His Natural

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[2024:RJ-JD:35075]

[CW-11491/2024]

Guardian Father Shri Arjun Singh Rawat S/o Sh. Khayal Singh Aged About 45 Years , R/o 49 Samta Nagar, Sector 3, Hiran Magri, Udaipur.

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Shreyansh Soni S/o Shri Manish Soni, Aged About 18 Years, R/o Paswan Street, Rao Ji Ka Hatta, Udaipur.

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Veeraj Sen S/o Shri Satya Narayan Sen, Aged About 18 Years, R/o Surya Nagar, Teetri, Near Mewar Nursing College, Udaipur.

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Gourav Narayan Deb S/o Vijay Narayan Deb, Aged About 18 Years, R/o 88-89, Gokul Village, Near Girija Vyas Petrol Pump, Sector-9, Udaipur.

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Pranjal Paneri, Aged About 16 Years, Through Her Natural Guardian Father Shri Mukesh Menaria S/o Onkar Lal Aged About 54 Years, R/o Behind Holi Chowk, Near Surbhi School, Paneriyo Ki Madri, Udaipur (Student Of Class - 10Th)

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----Petitioners

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Versus

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1. Central Board Of Secondary Education, Through Its Secretary, Shiksha Kendra - Ii, Community Center, Preet Vihar, New Delhi.

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1. Under Secretary (Examination Cell), Central Boar Of Secondary Education, Shiksha Kendra - Ii, Community Center, Preet Vihar, New Delhi.

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1. The Principal, The Scholars Arena English Medium Secondary School, Rk Puram, Near Ioc Petrol Pump, Savina Bye Pass, Sector - 9, Udaipur. ----Respondents

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For Petitioner(s) : Mr. J.S. Bhaleria For Respondent(s) : Mr. Rishabh Tayal through VC Ms. Muskan Jangid Mr. Vivek Sharma

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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23/08/2024

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The present petition has been preferred on behalf of the students of Class-XII, that is, Senior Secondary and one student of Class-X. All these students have, in the main examination, been declared ‘fail’ in one or the other subject(s), that is to say

[2024:RJ-JD:35075]

[CW-11491/2024]

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that they were required to appear in the supplementary examination qua the said subject(s).

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Vide the circular dated 30.05.2024 issued by the respondentBoard, all the schools were directed to submit online, the list of the candidates who were required to appear in the supplementary examination for Class-X and XII for the year 2024. Alongwith the online submission of the said list, the schools were required to deposit the requisite fee too.

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The case of the petitioners is that alongwith the list, the requisite fee was tried to be deposited by the school in question but due to some technical error, the said transaction failed. The fact of the transaction having been failed came to the knowledge of the school only on 09.07.2024, on which date, admit cards of the students were uploaded by the Board and the school tried to download the same. At that point of time, the school authorities came to know that the admit cards of the petitioners had not been uploaded and hence, immediately, a representation was made to the Board through e-mail and it was requested by the school that the school is ready to deposit the fee and even the penalty amount, if any, to be imposed but the students be permitted to appear in the supplementary examination. The representation as made by the school was declined and hence, the petitioners have been left in a lurch for no fault of them.

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Vide the interim order dated 12.07.2024, this Court directed the respondent-Board to permit the petitioners to appear in the supplementary examination which was to be conducted on 15.07.2024 and the admit cards were directed to be issued by the very next date.

[2024:RJ-JD:35075]

[CW-11491/2024]

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In pursuance to the order dated 12.07.2024, admit cards were issued to the petitioners and they appeared in the supplementary examination. On 16.08.2024, this Court directed for result of the supplementary examination of the petitioners to be placed on record in a sealed envelope.

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In pursuance to the above order, the result has been furnished today for perusal of this Court.

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In the above circumstances, the result is returned to learned counsel for the respondent-Board with a direction to declare the same officially within a period of two days.

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Further, as now nothing remains to be done in the present writ petition, the same is disposed of with a liberty to the petitioners to take appropriate remedy if aggrieved of the result of the supplementary examination.

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It is made clear that respondent-Board shall be at liberty to impose appropriate penalty on respondent No.3-School who was guilty for not depositing the fee in time, as per the Rules and strictly in accordance with law.

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Stay petition and all pending applications, if any, also stand disposed of .

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(REKHA BORANA),J

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406-T.Singh/-

Daksh Gurjar v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Daksh Gurjar v. Central Board of Secondary Education

Case brief

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What did the court decide?

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