IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10397 of 2009 ABHISHEK KUMAR SINGH(MINOR) THROUGH ITS NATURAL GUARDIAN-CUM-FATHER SHRI SHEO NARAYAN SINGH, SON OF LATE RAM SAMUJ SINGH, RESIDENT OF MOHALLA, CIVIL LINES, P.O. AND P.S. DALMIANAGAR, DISTRICT ROHTAS---PETITIONER. Versus 1. THE UNION OF INDIA THROUGH CHAIRMAN CENTRAL BOAD OF SECONDARY EDUCATION(C.B.S.E.), CIVIL LINES, M.G.ROAD, ALLAHABAD. 2. REGIONAL DIRECTOR, C.B.S.E., CIVIL LINES, M.G.ROAD, ALLAHABAD----RESPONDENTS. ----------- 02. 25.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner appeared in All India Senior School Certificate Examination, 2008(hereinafter referred to as “the Examination”). He passed the examination, as would appear from his admit card and marksheet contained in Annexures-1 and 1/A to this application. Having passed the 2008 examination petitioner desired to improve his performance by appearing in 2009 Examination, as would appear from his admit card, Annexure-2. It appears he has improved his performance as would appear from his marksheet of the said examination, Annexure-2/A. 3. Present application has been filed asserting that in the improvement examination again he has been given the same practical marks, which was given to him in 2008 practical examination, although he appeared in practical examination, 2009 as would appear from the certificate issued by the Principal of the school dated 4.4.2009, Annexure-4. 4. It is submitted on behalf of the petitioner that the authorities of the Central Board of Secondary Education(hereinafter referred to as “the Board”) be directed to reconsider the matter and grant him marks, which he obtained in practical examination, 2009. - 2 - 5. Counsel for the Board has opposed such prayer. It is submitted by him with reference to the provisions contained in examination regulation that the students appearing in the improvement examination are allowed the practical marks of the earlier examination and the marks obtained in the practical examination, 2008 was given to him for 2009 examination as there is no provision in the examination regulation to award marks for the practicals in the improvement examination. Counsel for the petitioner states that such fact should be stated by the Regional Officer of the Board, Allahabad on his representation, which has been duly forwarded to the Regional Officer by the Principal of the School and is contained in Annexure-3 to this application. 6. Let the Regional Officer of the Board, Allahabad consider the request of the petitioner to allow him practical marks which he had obtained in 2009 examination and pass appropriate orders on Annexure-3 as early as possible, in any case within one month from the date of receipt of a fresh copy of Annexure-3 along with a copy of this order. 7. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)