IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.668 of 2010 1. ASHUTOSH KUMAR S/O SOORYA DEO CHAUDHARY THROUGH HIS FATHER BEING NATURAL GUARDIAN, RESIDENT OF FLAT NO. JF-3/21, ROAD NO. 10 E, RAJENDRA NAGAR, P.S. KADAM KUAN, DISTT.- PATNA (BIHAR) Versus 1. THE CENTRAL BOARD OF SECONDARY EDUCATION VIKASH MARG, PRIT VIHAR, NEW DELHI THROUGH THE CHAIRMAN 2. THE CHAIRMAN, THE CENTRAL BOARD OF SECONDARY EDUCATION, VIKASH MARG, PRIT VIHAR, NEW DELHI 3. THE CONTROLLER OF EXAMINATION, THE CENTRAL BOARD OF SECONDARY EDUCATION, VIKASH MARG, PRIT VIHAR, NEW DELHI 4. THE REGIONAL OFFICER, THE CENTRAL BOARD OF SECONDARY EDUCATION, EASTERN REGION, REGIONAL OFFICE, 35-B, M.G.MARG, CIVIL LINES, ALLAHABAD 5. THE SECTION OFFICER (EXAMINATION-XIII) THE CENTRAL BOARD OF SECONDARY EDUCATION, EASTERN REGION, REGIONAL OFFICE, 35-B, M.G.MARG, CIVIL LINES, ALLAHABAD 6. THE PRINCIPAL, CENTRAL SCHOOL, KANKARBAGH, PATNA ----------- 3/ 16/02/2010 Heard learned counsel for the petitioner, learned counsel for the C.B.S.E. as also learned counsel for the Kendriya Vidyalaya Sangthan. Insofar as the ineligibility of the petitioner to appear at Class-12 examination for reasons of shortage of attendance is concerned, that stands concluded by C.W.J.C. No.2864/09. The submission now is that the petitioner has studied at home and should be allowed to appear at the said examination at the next ensuing annual examination. The petitioner, in essence, seeks to achieve indirectly what has been denied to him directly in the earlier writ application. The submission made presently with regard to having pursued studies at home and the claim in pursuance thereof stands adequately answered in paragraph-9 of the judgement of the Supreme Court in (2003) 1 S.C.C. 687 (ROHIT SINGHAL AND OTHERS Versus PRINCIPAL JUDGE, FAMILY COURT JAWAHAR N. VIDYALAYA AND OTHERS) which reads as follows:- “9. The learned counsel for the appellants prayed that the appellants, in the facts and circumstances of the case, for which they cannot be blamed, have lost one valuable year of their educational career and they should be allowed to take both IXth and Xth standard examinations in this year. We are not inclined to allow that prayer. The appellants might have prosecuted their studies at their home but what is required for Xth standard examination conducted by CBSE is their regular attendance and receiving instructions in the school which they have not done. They should pass IXth standard examination and thereafter prosecute Xth standard studies.” The writ application stands dismissed. KC/ ( Navin Sinha, J.)