JUDGMENT : 1. The petitioner’s son, one Nikhil Choudhury, a student of Abhinav Bharati High School, Kolkata, is presently giving his Class-XII Examination for 2019 under the Central Board of Secondary Education (CBSE). Nikhil Chowdhury, who was to give his Board Examination in English in the morning of 2nd March, 2019in the Birla High School, being the designated venue for such examination, could not reach the examination centre by the stipulated time; 10 a.m. The case of the petitioner is that while accompanying his son to the venue of the examination, his son Nikhil Choudhury missed a step while boarding a bus from Howrah station and suffered minor injuries for which he had to be prescribed medicines. As a consequence of this, the petitioner and his son (the examinee) reached the venue at 10.04 a.m., four minutes behind the stipulated time and was denied entry and not allowed to sit for the English Core Examination on the first day of the Board Examination for Class XII, 2019. 2. Learned counsel for the petitioner relies on the CBSE Admit Card for the Examination which shows that the English Core Examination was to be held on 2nd March, 2019 and the time of commencement of the examination indicated is 10.30 a.m. Note 4 of the instructions is to the effect, inter alia, that the examinee must report to the Examination Centre latest by 10.00 a.m. and that no candidate shall be allowed entry thereafter. Counsel shows two documents certified by a doctor in relation to a consultation made with an Orthopedic and prescribed medicines brought in the name of the petitioner. A communication dated 14th February, 2019 from the Centre Superintendent to the Controller of Examination is placed wherein it has been stated that Nikhil Choudhury reported in the centre at 10-10 a.m. and was not allowed to enter for that reason. The communication further states that the reason for the examinee Nikhil Choudhury reaching late was due to traffic congestion on the road. The communication further states that the reason for the examinee Nikhil Choudhury reaching late was due to traffic congestion on the road. The communication indicates the effort put in by the Observer and the Centre Superintendent to take the opinion of the City Coordinator in the matter and records that the latter was of the view that Nikhil Choudhury should not be permitted entry, despite which the Centre Superintendent put in a request to the Controller of Examination and the Regional Officer at Bhubaneswar to give an opportunity to Nikhil Choudhury to appear for the examination (English Core 301). Counsel relies on an e-mail sent to the Regional Officer, CBSE by the petitioner on 2nd March, 2019 and the second by the Principal of the School attended by Nikhil Choudhury stating inter alia that Nikhil Choudhury reached the venue at 10.04 a.m, and was delayed by reason of meeting with a minor accident while boarding a bus at Howrah. The mail from the Principal of the school reinforces the plight of the petitioner and his son and the mental stress caused to Nikhil Choudhury by reason of his not being allowed to sit for the English Examination. The Principal further records that Nikhil Choudhury has a good academic record and urges that the Regional Officer to consider arranging for a compartmental examination for Nikhil Choudhury. Learned counsel submits at the very outset that the writ petition may be treated as a mercy petition since the future of the petitioner’s son is at stake. 3. Learned counsel appearing for the CBSE, being the respondent nos. 2 and 4, relies on the Examination Bye-Laws of 1995 published by the CBSE as updated upto January 2013. Counsel relies on Bye-law 40.2 which outlines the eligibility of a candidate for taking the “compartment” in Senior School Certificate Examination and provides the following: - “A candidate failing in one of the five subjects of External Examination shall be placed in compartment in that subject provided he/she qualifies in all the subjects of internal assessment”. 4. The primary contention of learned counsel for the CBSE is that there is no scope for a candidate who has missed taking an examination (by arriving late to the venue) and for writing the examination on a subsequent date. Counsel raises doubts as to the authenticity of the cash memos showing purchase of medicines by Nikhil Choudhury. 4. The primary contention of learned counsel for the CBSE is that there is no scope for a candidate who has missed taking an examination (by arriving late to the venue) and for writing the examination on a subsequent date. Counsel raises doubts as to the authenticity of the cash memos showing purchase of medicines by Nikhil Choudhury. Counsel places emphasis on a note dated 2nd February, 2019 issued by the CBSE advising parents and candidates to reach the examination centre on or before 9-45 a.m. on the days of the exam and be seated before 10 a.m. The note specifies that no child will be permitted to enter the Centre after 10 a.m. Counsel proposes that the CBSE can arrange for a compartment in English Core Subject for the petitioner’s son which is scheduled to be held in July of this year. He further submits that the compartment in English will appropriately reflect that Nikhil Choudhury did not take the examination on 2nd March, 2019. 5. Having heard the submissions of learned counsel appearing for the petitioner whose son is the affected candidate and learned counsel for the CBSE, several factors are of importance. The first of these is the date-sheet published by the CBSE giving the dates for holding examinations in different subjects for the 2019 examination and the notes appended thereto. The following Notes are relevant. • Note 3: Answer books would be distributed to candidates between 10.00-10.15 a.m. • Note 6: Question paper would be distributed at 10.15 a.m. • Note 7: From 10-15 a.m. to 10-30 a.m. (15 minutes) candidates shall read the question paper. • Note 9: At 10.30 a.m. candidates will start writing the answers. • Note 11: “………….The practical examination should be completed before 10th April, 2019.” 6. The other factor is the wording of Bye-Law 40.2 which gives the eligibility to a candidate for taking the compartment in the Senior School Certificate Examination. It is clear from Bye-Law 40.2, which has been set out above, that only a candidate who has failed in any of the five subjects can take a compartment in that subject provided the candidate qualifies in all the other subjects of internal assessment. Hence, the said Bye-Law does not provide for a candidate who has missed writing the examination in any of the subjects for Class XII Board. Hence, the said Bye-Law does not provide for a candidate who has missed writing the examination in any of the subjects for Class XII Board. It is a fact that after having missed the English Core Subject, Nikhil Choudhury has sat for the other five subjects which were held on various dates, the last being held on 18th March, 2019, the results of which will be declared in May 2019. The other factor are the letters written by the Centre Superintendent as well as the Principal of the School attended by Nikhil Choudhury to the concerned officers recording inter alia that Nikhil Choudhury was four minutes late in reaching the examination venue. Since the veracity of the allegation of Nikhil Choudhury meeting with an accident has been called into question, a detailed enquiry of the incident is not warranted at this stage. What is relevant is that a candidate has been disallowed entry into the examination centre and from taking the examination for arriving late at the venue by four minutes. In this context, some amount of weightage should also be given to the date sheet published by the CBSE which notes down the time-frames for regulating the conduct of the examinees after entering the venue and before commencing the actual answering of the questions. Notes 3, 6, 7 and 9 clearly indicate that papers will not be distributed before 10-15 a.m. and the fifteen minutes prior to that (10.10-10.15 a.m. are reserved for answer books to be distributed among the candidates. Note 9 outlines that the process of writing on the answer sheets will commence only at 10-30 a.m. 7. The statement of marks awarded to Nikhil Choudhury in the Indian School Certificate Examination (ICSE) is a relevant factor for adjudication of the present issue. The marks show that Nikhil Choudhury is an academically bright boy who scored 84 to 94 per cent in the six subjects in ICSE and got 84 percent in English. This Court cannot disregard that rules/guidelines framed by a Board governing Primary, Secondary or Higher Secondary Examinations, as the case may be, are framed for the benefit of students and for imparting certainty in the manner in which examinations are conducted. The rules must be such that they create a protective cover for candidates for a fair process of assessment which in turn encourages candidates to give their best. The rules must be such that they create a protective cover for candidates for a fair process of assessment which in turn encourages candidates to give their best. Rules cannot be framed or interpreted so as to deprive deserving candidates of a precious year in their academic lives or put them at a disadvantage in terms of their academic pursuits. This would particularly be true where a candidate misses the opportunity of appearing in competitive examinations which are held immediately after CBSE, ISC and Higher Secondary Examinations. In most cases, candidates/examinees hailing from the Eastern part of the country are deprived of placements in the top colleges of Delhi and Bombay by reason of conservative marking as well as the delay in declaring the results for the Class XII examination. 8. Opening the flood-gates to other similarly-placed students for similar relief cannot be an argument to shut out a student who faces an imminent risk of losing a year from his academic life A challenge which a court may be confronted with in the future or the response of the court to such challenge cannot be a reason for a court refusing to intervene in fit cases. In the view of this court, exceptions can and should always be made in deserving cases. 9. Adherence to Rules is to keep the unworthy out where no leniency can possibly be shown. Rules however must permit a window to be carved out in cases of genuine difficulty where a candidate may have been prevented from reaching the examination centre for reasons beyond the control of ordinary citizens navigating the travails of city life. Access to that window should be made all the more where a young person’s future is at stake. The Notes indicate that at 10-04 a.m., the answer scripts may have just started to be distributed and students had not even received the question papers. 10. Now, the practical aspect of the matter. The English examination was held on 2nd March, 2019 (the 1st examination of the CBSE for Classes XII) and the last examination is due to be held on 3rd April, 2019, as stated in the date sheet circulated by the CBSE). Permitting a candidate to take the same examination after a time lag of almost a fortnight would be against all norms of transparency and fair process. Permitting a candidate to take the same examination after a time lag of almost a fortnight would be against all norms of transparency and fair process. At the same time, directing a candidate to take the compartment scheduled for July, 2019, would mean that the candidate will have to appear in most competitive examinations scheduled before July, 2019 with an incomplete marksheet. Bye-Law 40.2 also does not make any provision for candidates who have missed taking a particular examination, (like in the case of Nikhil Choudhury) but only gives an opportunity to those who have failed in any one of the five subjects. Bye-Law 40.2 can therefore be of no assistance to the petitioner’s son. It must also mentioned that any Board regulating examinations should make effective provisions in their Rules/Bye-laws for exigencies involving cases which fall outside the limitations contemplated in the Rules. There must surely be instances where candidates cannot take an examination on the ground of illness or a sudden unavoidable event. Will the Board not rise to the occasion and provide a solution to the candidate? Or will the candidate be consigned to the examination for the following year? 11. The only recourse available therefore in the present facts is to direct the CBSE to arrange for Nikhil Choudhury to appear in and write the English Core Subject (301) for CBSE Class XII examination, 2019 on any designated day at a designated venue before the last of the CBSE Examination for Class XII for 2019 is held or on any other subsequent date. It may be mentioned that the prayer in the writ petition indicates that Nikhil Choudhury be allowed to take the examination within 18th March, 2019. As submitted by learned counsel for the petitioner, the writ petition was filed on 13th March, 2019, soon after the petitioner’s son missed the English Examination and may hence be seen as a prayer in desperation. This technical issue cannot surely come in the way of a court giving relief to a candidate who has already suffered great stress and trauma for not being able to take the first examination for Class XII this year. 12. By reason of the above, the respondent nos. This technical issue cannot surely come in the way of a court giving relief to a candidate who has already suffered great stress and trauma for not being able to take the first examination for Class XII this year. 12. By reason of the above, the respondent nos. 2 and 4 are directed to arrange for a suitable venue on a date before the last CBSE examination for Class XII, 2019 or on any subsequent date for facilitating the petitioner’s son, Nikhil Choudhury, to write the English Core Examination for CBSE Class XII, 2019. Notice of the date, time, venue and other relevant particulars are to be given to both the petitioner and Nikhil Choudhury at least three days before the scheduled date for the English Core examination. Needless to say, the CBSE will have the liberty to set a question paper in the most appropriate way as it deems fit taking into account the Examination already held on 2nd March, 2019. It is also made clear that this decision has been given in the particular facts of the present case and may not be seen as a precedent for writ petitions which may be contemplated on similar lines. 13. W. P. 6071 (W) of 2019 is accordingly disposed of with the above directions. 14. Learned counsel appearing for the CBSE prays for stay of operation of the order. Since the date-sheet circulated by the CBSE shows that the 2019 Examination for Class XII will be concluded in the very near future, such stay is considered and refused.