Vijender Jain ( 1 ) -RULE D. B. ( 2 ) SINCE we have heard the parties at length, we propose to disposeof the petition at this stage itself. ( 3 ) THIS is a petition filed by Miss Poonam Verma praying forissuance of appropriate writ or order to respondent-Central Board ofsecondary Education (CBSE) to consider the petitioner as a candidate forall India Senior Secondary Certificate Examination with Sanskrit Elective asone subject and allow the petitioner to appear in Sanskrit Elective paper on 30/03/1993. ( 4 ) BRIEFLY slating the facts, the petitioner appeared in the All Indiasenior School Certificate Examination, conducted by CBSE for the year 1992as a regular student of Green Fields Public School. Delhi. She hadmathematics as one of the papers. She could not pass the examination andthus failed. The petitioner sought re-admission in the Green Fields Schooland opted for Sanskrit Elective in place of Mathematics. The case ofthe petitioner is that she moved an application for the change of subjectfrom Mathematics to Sanskrit Elective on 13/07/1992, this application isstated to be given to the Principal of the school. ( 5 ) THAT thereafter along with other students, the petitioner alsofiled the form for appearing in the Board examination for the year 1993 andshe opted Sanskrit Elective as one of the papers. The said form was filledby the petitioner in the month of October, 1992. The sam same form was forwarded by the Green Field School to CBSE. The petitioner received theadmission card in the last week of February, 1993 wherein the petitioner wasasked to appear in Mathematics instead of Sanskrit Elective. The petitionerhas challenged this action of the respondents. ( 6 ) THE stand taken by the CBSE before us is that the petitioner wasnot entitled to change her subject and further Green fields School was alsonot competent to accept the said change in the subject. Shri Anil Kumar,learned Counsel for CBSE appearing before us argued that no copy of thealleged application dated 13/07/1992 was marked to the school nor thesame was forwarded by the school to CBSE. It was further stressed thatone year study of Sanskrit does not entitle the petitioner to appear in theclass-XII examination of the Central Board of Secondary Education as perthe scheme of the Board. It was further stressed thatone year study of Sanskrit does not entitle the petitioner to appear in theclass-XII examination of the Central Board of Secondary Education as perthe scheme of the Board. Shri Anil Kumar also stated that on receipt ofthe candidature of the petitioner in October/november, CBSE replied on 29/12/1992 declining to allow the petitioner to appear in theelective paper of Sanskrit as the same was not studied by her in Class-XI. We have seen the original application of the petitioner made to the Principalof Green Fields Public School dated 10/07/1992 for seeking re-admissionin XIIth class in the commerce stream. On the sams date, i. e. , on 12/07/1992, the Principal has signed wife the remark allowed to repeat the class. the father of the petitioner, it is stated, filed another application on13. 2. 1992 before the Principal of the school requesting her to permit changeof subject Sanskrit in lieu of Mathematics. The receipt of this application is denied by the school. The petitioner has, however filed thecopy of school notes containing school work which the petitioner has beendoing as a student of Sanskrit class and it bears initials of the class teacherdated 20th July, 1992. Thereafter there are other initials of the class teacheron various dates. The school has also sent the list of the candidates to thecbse in which the name of the- petitioner was mentioned with Sanskriteleceive subject. The Counsel for the school took the stand that Principalof the school was not aware of any such change from Mathematics tosanskrit Elective by the petitioner and it was done by the class teacherin-charge without the knowledge of the Principal. We would not like to gointo this controversy. It is sufficient for us that the petitioner has sought readmission in the school and has applied for change of subject and pursuantthereto has started attending the classes of Sanskrit subject. She has filedthe form dealing her subject as Sanskrit. The school has also sent thatform and the names of the candidates including the petitioner with subject otsanskrit to the CBSE. The petitioner has all along been under the impression that she is going to appear for Sanskrit paper in her Xllth classexamination, it is contended it is all the fault of the class teacher but thenwhy should a student suffer for contravention of any rule or bye law. The petitioner has all along been under the impression that she is going to appear for Sanskrit paper in her Xllth classexamination, it is contended it is all the fault of the class teacher but thenwhy should a student suffer for contravention of any rule or bye law. Onecan hardly blame a student when she says she bad no knowledge of anyrule or bye law not permitting change of the subject in Xllth class. Thepetitioner appears to have certainly been misled by the class teacher. We,therefore, do not find any justification in denying the petitioner the right toappear in the Sanskrit examination to be conducted on 30/03/1993,when for all the year round she has studied Sanskrit. No fault can beattributed to her. For the fault of the school teacher, she should not suffer. However, we do not think that such a case should bcome a precedent forany other similar case. ( 7 ) THE learned Counsel for CBSE also invited our attention to Rule 26 of Examination By-Laws framed by the CBSE which deals with thechange in subject. Said rule reads as under :- "26. Rule for change in subject :- (i) No candidate shall be permitted to change his subject ofstudy after passing class IX and XI. (ii) The candidate shall not offer a subject in class X and XIIwhich he has not studied and passed in class IX and XI. (iii) Notwithstanding anything contained in the rules, thechairman shall have the powers to allow a candidate toappear in any subject, he thinks desirable under exceptional circumstances. It would be clear from the above rule that even in certain circumstances,though termed exceptional the Chairman of the CBSE has the power toallow a candidate to appear in any subjects. ( 8 ) WE feel in the facts and circumstances of this case, we issuediirection to the CBSE to allow the petitioner to take the Sanskrit examinaton of class-XII to be held on 30th March. 1993 by treating the same asher elective subject instead of Mathematics. There will be no order as tocosts. ( 9 ) RULE is made absolute.