1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.3914 of 2011 & M.P.(MD).Nos.1 & 2 of 2011 S.Baskara Pandian .. Petitioner Vs. 1.The Secretary, Central Board of Secondary Education, Delhi. 2.The Deputy Secretary (AIPMT), Central Board of Secondary Education, Shiksha Kendra, 2 Community Centre, Preet Vihar, Delhi-110 301. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Mandamus directing the respondents to permit the petitioner's son B.Palanivelrajan to write the examination of AIPMT conducted by the respondents, which is to be held on 3rd April at Chennai in any of the Examination Centre. For Petitioner :Mr.S.Vijayashanthi For Respondents :Mr.G.Nagarajan for R1 & R2 ORDER The petitioner is of the opinion that his son should become a Doctor and therefore, he wanted him to write AIPMT test for entering into medical course for which 15% of All India Quota has been reserved. Necessary application will have to be processed through email and it is the case of the petitioner that he applied through email from Madurai on 28.12.2010. However, he did not get any reply. Hence, he filed the present writ petition seeking for permission to write the examination conducted by the respondent, Central Board of Secondary Education, Delhi and the examination was scheduled to be held on 03.04.2011. In view of the urgency, interim direction to permit the petitioner's son to write the examination was granted by this Court on 31.03.2011. 2. Pursuant to interim direction, the respondents have filed a vacate stay application in M.P.(MD).No.2 of 2011 with the supporting counter affidavit, dated 06.04.2011 and they also enclosed three documents by which reliance was placed upon in the counter affidavit. A copy of the email sent by the second respondent dated 01.04.2011 is enclosed along with the counter https://hcservices.ecourts.gov.in/hcservices/ 2 affidavit. The said communication sent on 01.04.2011, reads as follows; "This is with reference to my telephonic conversion on your mobile No.09443572571 on the above cited issue. As it was informed to you that for permitting the candidates for appearing in the examination, it is required to issue a valid roll number and admit card to the candidates. The admit care of the candidate consist of the photograph and the signature to ensure that genuine candidate is appearing in the examination. This is related to the sanctity of the examination. Also, at centre candidate would be asked to sign on the attendance sheet which consists of the photograph and other details of the candidates. The roll no. is to be mentioned on the Answer Sheet also which is must to process the answer sheet and declaration of result. Moreover, it would be extremely difficult to ensure availability of question paper and it might cause inconvenience to the candidate also. In above circumstances as requested to you to kindly asked the candidate to report to CBSE,2 Community Centre, Preet Vihar, Delhi along with the photocopy of the filled in application form and two photograph by 2.00 P.M. on 02.04.2011 so that all the process can be completed as per the directions of the Hon'ble Court and candidate can appear from Delhi Centre on 03.04.2011. In the final stage examination, candidate can be allotted the centre according to the choices given in the application form if selected." 3. The fact of sending such email has also mentioned in the counter affidavit. There is no reply to the counter affidavit. Therefore in the facts and circumstances of the case, it has to be held that not only the petitioner original application was not sent within the time and received by the CBSE, even the present opportunity given by this Court could not be carried out because of the necessary logistic involved in issuing a photo identity card. Hence, this Court is unable to countenance the prayer made by the petitioner. Since the examination was already over on 03.04.2011 on All India Basis, no further direction can be given to the CBSE to conduct the examination only for the petitioner. 4. In view of the facts and circumstances of the case, the writ petition cannot be entertained. Accordingly, the writ petition stands dismissed. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(Crl.SIde) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Secretary, Central Board of Secondary Education, Delhi. 2.The Deputy Secretary (AIPMT), Central Board of Secondary Education, Shiksha Kendra, 2 Community Centre, Preet Vihar, Delhi-110 301 jikr rl/3 c- 9.11.2011 Order made in W.P.(MD)No.3914 of 2011 & M.P.(MD).Nos.1 & 2 of 2011 20.10.2011 https://hcservices.ecourts.gov.in/hcservices/