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2007 Supreme(Del) 593

High Court Of Delhi
BADAR DURREZ AHMED
ANKIT GAUTAM - Appellant
Versus
CENTRAL BOARD OF SECONDARY EDUCATION - Respondents
WP (C) 1542 Of 2007
Decided On : 03/16/2007

Advocates Appeared:
ATUL KUMAR, VINOD KUMAR

The significance of attestation by the Head of the Institution in verifying the authenticity of the candidate's particulars is crucial in the application process.

Headnote:

Attestation - Application Form - The court upheld the importance of attestation by the Head of the Institution in verifying the particulars of the student, leading to the rejection of the petitioner's application form for the All India Pre-Medical/Dental Entrance examination.

Fact of the Case:

The petitioner's application for the All India Pre-Medical/Dental Entrance examination was rejected due to incomplete attestation by the Head of the Institution/Gazetted Officer.

Finding of the Court:

The court found that the petitioner's delay in approaching the court and the significance of the attestation requirement were substantial impediments to the petitioner's case, leading to the dismissal of the writ petition.

Issues: Delay in approaching the court, significance of attestation in the application process

Ratio Decidendi: The court emphasized the importance of timely action and the necessity of attestation by the Head of the Institution in verifying the authenticity of the candidate's particulars.

Final Decision: The writ petition was dismissed by the court.


BADAR DURREZ AHMED, J.

( 1 ) THE petitioner applied for the All India Pre-Medical/dental Entrance examination, to be held in April 2007. His application form was submitted on 18. 01. 2006. The application was incomplete inasmuch as the same had not been attested by the Head of the Institution/ Gazetted Officer. A letter was issued by the Central Board of Secondary Education on 23. 12. 2003 to the petitioner indicating that his application form No. 501390 for appearing in the All India pre-Medical /pre-Dental Entrance Examination, 2007, to be held on 01. 04. 2007, on scrutiny, was found to be not attested by the Head of the Institution/ Gazetted officer. For this reason, the petitioner's application was rejected and it was also noted that no further correspondence would be entertained in this matter.

( 2 ) THE petitioner submits that the only lacuna in the application was that, through inadvertence, he did not get the same signed by the Head of the institution or by a Gazetted Officer. He submits that the photograph, which was affixed on the front Page of the application form, was undoubtedly attested by a gazetted officer but the attestation of the Head of the Institution was not taken on the reverse of the form. He submits that this is a mere technical omission and the same ought to have been condoned.

( 3 ) THE learned counsel appearing on behalf of the CBSE submits that the attestation by the Head of the Institution is necessary because without this attestation, there is no verification or confirmation of the particulars of the student. The attestation itself is in the following words:-"this is to attest that the particulars given in this Application Form including name, Photograph, Address, Category, Date of Birth, Year of Qualifying examination and Signature are, to the best of my knowledge and belief, correct. "

( 4 ) UNLESS such attestation is done by the Head of the Institution, the application form, containing the details filled in by the applicant, remains unverified and it is because of the importance of this attestation, the information bulletin for the All India Pre-Medical/ Pre-Dental Entrance examination 2007 contained clear and strict instructions on the inside cover Page to the following effect:-

"1) Candidate must follow the instructions strictly as given in the information Bulletin. Candidates not complying with the instructions shall be summarily disqualified. 2) Candidates must retain the Application Form number and photocopy of their filled in Application Form with them as reference for further correspondence. 3) (a) Please ensure before mailing the application form that: i) the applicant has signed the form at two specified places. ii) the application bears the signature of father/guardian. iii) the application has been authenticated/signed by the head of Institution. iv) Recent high contract black and white two same passport size photographs (taken on or after 01. 09. 2006) duly pasted in the space earmarked for it, (as shown on Page 5)b) Please arrange documents in the following order: 1. Application Form 2. Affidavit (applicable only for candidates from Andhra pradesh/jammu and Kashmir State) c) Use the enclosed CBSE envelope only for despatch of Application form to CBSE. "

(underlining added)

( 5 ) THE learned counsel for the petitioner then referred to a notice issued in the Times of India on 06. 03. 2007 to the effect that those candidates who did not receive admit cards by March 15 should contact the CBSE office for issuance of a duplicate admit card. He referred to this press release to indicate that even now it is not too late for the CBSE to issue an admit card to the petitioner. The learned counsel for the respondent replied by stating that this press notice was in respect of those candidates, who had already been issued admit cards but for one reason or the other had not received the same and does not apply to the cases such as the petitioner's case where no admit card had at all been is


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