IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2864 of 2009 ASHUTOSH KUMAR Versus UNION OF INDIA & ORS ----------- 2 03.03.2009 Heard counsel for the petitioner and counsel for the C.B.S.E and also counsel for the Kendriya Vidyalya Sangathan. This Court would not find any error in the decision taken by the Central Board of Secondary Education (C.B.S.E) in not permitting the petitioner to appear in the annual examination. The bye-laws of the C.B.S.E is very clear that minimum requirement of 75% of attendance would be a condition precedent for allowing regular student to appear in the annual examination. Such provision however is also subject to further relaxation up to 60% under the orders of the Chairman, C.B.S.E. Less than 60% attendance in fact is not permissible under any circumstances except in case of a student who is suffering from dreaded disease like Tuberculosis, Cancer, AIDs etc requiring long period of hospitalization. The case of the petitioner definitely does not fall in the said category and therefore, this Court would not find any reason to direct for relaxation to the petitioner for appearing in the examination, if he does not fulfill the requirement of the bye-laws of the C.B.S.E. That being so, this application is wholly misconceived and is accordingly, dismissed. Bibhash (Mihir Kumar Jha, J.)