Hon'ble A.P. Sahi, J Heard learned counsel for the petitioner.
The petitioner's application for perusing the answer-book of Compartmental Examination has been rejected by the impugned order dated 7.9.2012 on the ground that the petitioner had not applied through online services between the dates notified by the Board and, therefore, on account of the lapse on the part of the petitioner in not having applied within time, the application was being rejected.
Learned counsel for the petitioner submits that the dates mentioned are between 23.7.2012 and 27.7.2012 whereas the mark-sheet itself was issued on 3.8.2012.
The argument appears to be attractive but Sri Pandey, learned counsel for the Board, has pointed out that the said dates appear to have been incorrectly transcribed and it should be read as between 23.8.2012 to 27.8.2012. He, therefore, submits that even assuming that the petitioner had obtained the mark-sheet on 3.8.2012, the online facilities for the same were available between 23.8.2012 and 27.8.2012. He has produced the Notification dated 21.8.2012, which is reproduced herein below:-
"CENTRAL BOARD OF SECONDARY EDUCATION (An Autonomous Organisation under the Ministry of Human Resource Development Govt. of India) SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI - 110 301 No. CE/EXAM./2012 21.08.2012 NOTIFICATION It is notified for information of the General Public that CBSE has decided to provide photo-copy of the Evaluated Answer Books(s). If a candidate wishes to request for the same he/she is required to go through the following rules and modalities:
RULES & MODALITIES FOR APPLYING FOR OBTAINING PHOTOCOPY OF THE EVALUATED ANSWER BOOK(S) I) The subject(s) in which the photocopy of the evaluated Answer-book(s) is/are being requested for should be selected carefully by the candidate.
II) Request for obtaining photocopy of the evaluated answer-book(s) should be made online only at the CBSE's website www.cbse.nic.in from 21st day from the date of declaration of result of the Compett. Exam held in July, 2012. Accordingly the dates for submission of online applications will be 23rd August to 27th August, 2012 for class XII and 03rd September to 7th September, 2012 for class X. The online facility will be available from 10:00A.M. On the day of opening and 5.00P.M. On the closing day.
iii) After filling up the application form, a confirmation page will be generated through the website. The confirmation page along with the requisite enclosures and fee should reach the Board's Regional Office concerned (list enclosed) on or before 3rd September for class-XII and 14th September, 2012 for Class-X.
iv) The confirmation page of the application form is to be submitted by the candidate duly filled up with the required undertaking strictly in his/her own hand writing and under his/her own signature and not by anyone else on his/her behalf. The signature should correspond with that on the Admit Card. The confirmation page of the application may either be handed over in the Regional Office Concerned or sent through post within the stipulated period as per requisite information/instruction mentioned therein.
v) The confirmation page of the application form should be accompanied by:-
A Fee of Rs. 500/- per subject in the form of Demand Draft favouring Secretary, CBSE payable at the Regional Office concerned.
Undertaking in the space provided in the confirmation Page that he/she would not question the evaluation done by the Examiner.
Photocopy of his/her Admit Card
vi) Application submitted on behalf of the candidate as also incomplete application will be summarily rejected without any further reference.
vii) The Regional Office concerned will endeavour to send photocopy of the Answer- book within 30 days from the date of receipt of acceptance of the confirmation page along with enclosures and fee in the office of the Board. The photocopy of the evaluated answer book would be provided after blocking all information relating to the identity of the Examiner/Evaluators/any other official associated with the examination process and marks in respect of Class X. The photocopy of the evaluated answer book will be sent by speed post only.
viii) If a candidate finds any error in totalling of marks/grade(s) or finds that any answer has not been evaluated in the photo copy of the answer book, then he/she should communicate in writing to the Regional Office concerned immediately so as to reach the Regional Office not later than a period of 10 days from the date of receipt of the copy of the evaluated Answer-book.
ix) Board does not have provision of revaluation of the answer book or supplementary answer book(s) hence any request for the same will not be entertained by the Board. However mistake(s), if any, as mentioned at Para VIII above shall be looked into, and corrected, if required.
x) The photocopy of the evaluated answer book shall not be given to any institution or school for display, commercial purpose or to print media.
xi) The decision of the competent Authority of the Board on the marks/grades awarded shall be final and binding on the candidate.
xii) In the case of Secondary School Examination (class X) the photocopy of the evaluated answerbooks would be provided to such Candidates who have appeared under Board Based Category only.
(M C SHARMA) CONTROLLER OF EXAMS"
A perusal of the said rules indicates that the application has to be moved online only, and after confirmation of the receipt of the application, a hard copy has to be sent along with the prescribed fee to the Board. The same had to reach on or before 3.9.2012 for class-XII.
The petitioner claims to have sent his application by post on 1.9.2012 but not through online service. Sri Pandey submits that some applications had been entertained which were sent directly by post and not through online in peculiar circumstances, but had been sent within the time as provided for online services.
It is clear from the Notification that the procedure prescribed is that the application has to be sent through online services only, where after the hard copy shall be entertained by the date fixed therein. The petitioner admittedly did not apply through online service but sent his application form on 1.9.2012 by post.
In the aforesaid circumstances, according to the Notification, the application form has not been sent in terms of the procedure so prescribed but in view of the fact that some applications have been received by the Board within the time prescribed for online application, in case it is permissible, the petitioner's request be also considered sympathetically.
With the aforesaid observations, the writ petition is disposed of.
Dt. 12.10.2012 Irshad