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2016 DIGILAW 258 (TRI)

Rinkey Debbarma, d/o Sri Bidhu Debbarma v. State of Tripura represented by its Secretary to the School Education Department

2016-09-15

S.TALAPATRA

body2016
JUDGMENT AND ORDER : All these petitions are being WP(C). No. 962 of 2016 [Rinkey Debbarma v. State of Tripura & Ors.], WP(C). No. 965 of 2016 [Supriya Debbarma v. State of Tripura & Ors.] and WP(C). No. 976 of 2016 [Chandrajit Chakma v. State of Tripura & Ors.] are clustered for disposal by a common judgment 2. Heard Mr. A. Bhowmik, learned counsel appearing for the petitioners. Mr. S. Chakraborty, learned Addl. G.A. appearing for the State respondents and Mr. P. Dutta, learned counsel appearing for the respondent No. 3. 3. As Mr. Bhowmik, learned counsel appearing for the petitioners has referred to the order dated 01.09.2016, whereby this Court has observed that these writ petitions were filed on 22.08.2016. If the petitioners are not allowed to approach the school to collect the forms and submit the forms for appearing in the coming Madhyamik examinations, then they will lose a year. The application form as per the schedule of examination should be submitted by the School to the Board during the period from 13.09.2016 to 17.09.2016. Since the date of submission of form had not been elapsed, this Court considering the fact that these tribal young boys would be losing a year, as a special case and allowing the writ petitioners a privilege to approach the concerned school, through which they last appeared in the Madhyamik examination, to collect forms as continuing candidates from the Board and to fill up the forms observing the necessary formalities as prescribed by the Board within 07.09.2016 from their respective schools. The respective schools are directed to collect the forms from the Board, if they are approached within 5th of September, 2016 by any petitioner and then if the candidate is found eligible for his appearing in the examination as a continuing candidate otherwise and according to the rules, the concerned school will submit the form to the Board and the entire process should be completed within 7th September, 2016 so that no inconvenience is caused to the Board to process it. The petitioners were permitted with copy of that order to approach the concerned school through which they appeared in the last Madhyamik examination. 4. Mr. Bhowmik, learned counsel for these petitioners has further submitted that they could not collect the form within 07.09.2016 for avoidable but unfortunate circumstances. He has urged this Court to take this special circumstances in the consideration. 4. Mr. Bhowmik, learned counsel for these petitioners has further submitted that they could not collect the form within 07.09.2016 for avoidable but unfortunate circumstances. He has urged this Court to take this special circumstances in the consideration. 5. Mr. P. Dutta, learned counsel appearing for the Tripura Board of Secondary Education [TBSE, in short] has submitted that last date for collecting and submitting the form in the school was 07.09.2016 and the schools are required to process those forms if it was found that the candidates were eligible for appearing in the Madhyamik examination to be held in 2017 within the period from 13.09.2016 to 17.09.2016. 6. However, Mr. Dutta learned counsel considering the circumstances has submitted that the application may be processed to the board and the board will take the appropriate decisions, whether they would be allowed to sit in the examination or not. 7. This Court, however, finds that the board will not find any difficulty if these petitioners submitted their applications in the early part of 17.09.2016, within 12.00 hours in the noon and the said applications are processed and reached to the Board before the closing hour of 17.09.2016 i.e. 5 pm in the afternoon. 8. In view of that observation, TBSE is also directed to relax the last date of submitting the form of the continuing candidates which was fixed on 07.09.2016. TBSE is further directed to accept those applications if filed before 12 noon of 17.09.2016 in their respective schools with all requisites. The respective schools are also directed to accept those forms from the candidates before 12 noon of 17.09.2016 and on urgent footing they shall send the forms to the Board so that they can receive the forms before the closing hour i.e. 5 pm of 17.09.2016. 9. It is made clear that if the forms with all requisites and being duly filled up did not reach the board by the closing hour i.e. 5 pm of 17.09.2016, neither the board nor the school shall have any further obligation. It is the candidates who will remain solely responsible for any eventuality. If the officer Incharge is not available in the particular school, the Headmaster or the Teacher Incharge may process the form so that it reached within the time stipulated by this order. 10. It is the candidates who will remain solely responsible for any eventuality. If the officer Incharge is not available in the particular school, the Headmaster or the Teacher Incharge may process the form so that it reached within the time stipulated by this order. 10. As regards the centre of the examination, as urged by the petitioners, they may file the applications placing their preference for the centre within one month from 18.09.2016. TBSE shall decide those applications at their discretion and thus shall be decided having due regard to the relevant regulation. The decision of the Board shall be final, as this Court has already decided that this Court does not have the requisite jurisdiction to exercise, in the dispute of this nature. It is exclusively within the Board's domain. With these observations and directions, these writ petitions stands disposed of. There shall be no order as to costs.