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A Calcutta High Court special bench on Saturday directed the West Bengal Board of Secondary Education to allow a 17-year-old student to sit for his Madhyamik exam after he failed to fill out the form in time.

Bench of Justices Debangsu Basak, and Ajoy Kumar Mukherjee observed that, 

"...he (student) should not be made to bear the burden of the latches of his guardian or his advocates."

The Court was hearing an appeal against a single bench order which had denied to entertain the plea of the student.

The student submitted that by reason of suffering from a medical condition coupled with their financial conditions, steps could not be taken in time.

The single judge had denied the plea because the school was not made a party and no document was submitted and no submission was made even orally that the examination fees were paid.

However, the special bench observed that even though there are substances in the contentions of the Board and the state the student should not be made to bear the burden of the latches of his guardian or his advocates.

The Court stated,

"...since the student is anxious to appear at the examination, it would be in the interest of justice that we direct the Board to allow the appellant to appear at the ensuing ‘Madhyamik Examination’. For such purpose, the learned advocate for the Board is requested to inform the Board, in view of the paucity of time, to take appropriate measures so that the student is able to appear at the examination."

Thus the the student will comply with all formalities including payment of requisite fees and submitting application with the appropriate authorities within 7 days.

The Board will consider such application and the candidature of the student to sit for the examination and pass a reasoned order thereon after allowing an opportunity of hearing to the student. 

Cause Title: Kajali Roy Chowdhury vs The State of West Bengal & Ors.