Form No. J(2)

Item No. DL/2 ARPAN – A.R. (CT)

IN THE HIGH COURT AT CALCUTTA In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction (Appellate Side)

W.P.A. NO. 260 OF 2026 ARNAV RAJ Vs.

UNION OF INDIA & OTHERS BEFORE: THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA For the Petitioner : Mr. Kunaljit Bhattacharjee, Adv.

Mr. Pratik Panda, Adv.

Mr. Alok Sah, Adv.

Mr. Satyam Sarkar, Adv.

For the Union of India : Mr. Sudipto Kumar Mazumder, DSGI (Via VC)

Mr. Tridip Saha, Adv. Mr. Sourab Kar, Adv.

For the CBSE : Mr. U.S. Menon, Adv. (Via VC)

Ms. Esha Acharya, Adv.

For the School Authority : Mr. Suresh Kumar Mitruka, Adv.

Mr. Aayush Mitruka, Adv.

Ms. Shruti Yadav, Adv.

Mr. Sujit Swami, Adv.

Hearing concluded on : 19.02.2026 Judgment On : 19.02.2026 SAUGATA BHATTACHARYYA, J.:

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. Matter is heard in presence of the learned advocates representing the petitioner, Union of India, Central Board of Secondary Education (for short, ‘CBSE’) and the authority of DAV School, Siliguri (hereinafter referred to as ‘said school’).

3. Petitioner is a student of Class-XII of the said school. While studying in Class-XII in the said school percentage of attendance of the petitioner for the academic session 2025 was 28 per cent whereas requisite percentage of attendance is 75 per cent.

4. Learned advocate representing the petitioner submits that petitioner suffers from psychiatric problems coupled with death of his father as a result whereof situation during petitioner’s study in Class-XII worsened resulting in shortfall in percentage of attendance thereby compelling the petitioner to approach this Court with the present writ petition seeking direction upon the concerned authority to permit the petitioner to participate in the ensuing senior school certificate examination (Class-XII final examination) to be conducted by CBSE, which will commence on and from 24^th February, 2026.

5. Reliance is placed on Clause 13 and Clause 14 of the Examination Bye-

laws of 1995 of CBSE (hereinafter referred to as ‘said bye - laws’). On conjoint reading of Clause 13 and Clause 14 of the said bye-laws, it appears prescribed requirement is to have 75 per cent attendance for a student in the relevant academic session to appear for Board examinations and which can be relaxed up to 15 per cent meaning thereby a student must have 60 per cent attendance.

6. Learned advocate representing the petitioner submits that Clause 14(ii)

of the said bye-laws comes in rescue of the petitioner and if steps are taken in terms of Clause 14(ii), even if petitioner is having 28 per cent attendance, petitioner will be permitted to participate in the ensuing senior school certificate examination by extending benefit of relaxation of requisite percentage of attendance.

7. It is also submitted on behalf of the petitioner that petitioner has lost his father in 2020 and few medical documents are also annexed to this writ petition in support of the case made out in the writ petition.

8. Mr. U.S. Menon, learned advocate representing CBSE has opposed this writ petition based on relevant provisions as contained in the said bye- laws and it is submitted that in no case exemption beyond 15 per cent of attendance is permissible. It is also submitted that in order to get the benefit of exemption as contemplated under Clause 14 of the said bye- laws, recommendation of the school authority is required and in the present case, there is no recommendation as a result whereof Chairman of the CBSE may not take a call on the prayer of the petitioner seeking exemption which would permit the petitioner to participate in the ensuing senior school certificate examination.

9. Mr. Suresh Kumar Mitruka, learned advocate representing the said school authority has supported the contention made on behalf of CBSE and it is submitted that it is not a case where affirmative recommendation needs to be forwarded to the concerned authority of CBSE after granting benefit of e