JUDGMENT Bibek Chaudhuri, J. - A minor student of Class -X has been running from pillar to post for favourable consideration of her case by the authority, in the instant case, the Central Board of Secondary Education and also repeatedly knocked at the door of Higher Judiciary for relief but till date her efforts go in vain. 2. Now, the salient facts for consideration of the instant writ petition. 3. The petitioner was initially disqualified to appear in the CBSE Examination for Class-X due to shortage of attendance. The petitioner, being a minor, approached her school which is affiliated to the Central Board of Secondary Education through her father to the effect that she could not secure requisite attendance required for appearing the Board examination and the shortfall in attendance may be condoned. The Principal of the school recommended the said prayer made by the father of the petitioner to the Board. However, the CBSE authority, more particularly, the Chairman, CBSE, the respondent No.1 herein failed and neglected to condone shortage of attendance of the said student. The petitioner, therefore, moved this Court in constitutional writ Jurisdiction by filing W.P. No.071(W) of 2020 . By an order dated February 24, 2020 a Co-ordinate Bench passed the following direction:- "I, therefore, direct the Chairman of the Board i.e. the respondent no. 3 to take a decision on the applications forwarded by the school authorities within three weeks from the date of the communication of this order. Equally I cannot overlook the fact that the said board examination is commencing from 26th February, 2020 and pending such decision if the petitioner is not permitted to sit in the examination she shall lose one year of her academic career. I, therefore, direct the school authorities to issue the admit card to the petitioner and the respondent no. 3 is further directed to permit the petitioner to sit in the examination but shall not publish the result. The permission to sit in the examination shall not create any special equity in favour of the petitioner as the same is subject to the result of the decision to be taken by the chairman of the said Board." 4. 3 is further directed to permit the petitioner to sit in the examination but shall not publish the result. The permission to sit in the examination shall not create any special equity in favour of the petitioner as the same is subject to the result of the decision to be taken by the chairman of the said Board." 4. After the said order, being communicated to the Chairman, CBSE, an order was passed by the Regional Officer, CBSE on 14th May, 2020 with the finding that the overall attendance of the petitioner upto 31st December, 2019 was 39 per cent. Secondly, no proper medical certificate was forwarded by the school for the period of absence and the Principal of the school had not recommended the condonation of the shortage of attendance. Moreover, the Regional Officer found that the illness of the candidate is not a prolonged illness wherein she has to be hospitalized or the illness does not come under the nature required for condoning shortage of attendance as per examination bylaws of the Board. 5. Finding no other alternative, the petitioner again moved this Court by filing W.P.No.6209 (W) of 2020. The said writ petition was disposed of by this Court vide order dated 12th August, 2020 directing the petitioner to submit afresh all medical and other supporting documents to the school authority which shall then forward the same to the respondent Nos. 1 and 2 for a reasoned decision by the competent authority of the Board which shall then be communicated to the petitioner. The next steps pertaining to the publication of the result of the petitioner and her eligibility to attend online classes will await the reasoned decision. 6. With the above direction, the said writ petition was disposed of. 7. Pursuant to the said direction passed in W.P.No.6209 (W) of 2020 the petitioner submitted all medical documents to the Principal, Government Model Senior Secondary School, Port Blair. The Principal in turn forwarded the same to the CBSE. 8. The Regional Officer, Central Board of Secondary Education duly considered the medical documents of the petitioner and passed an order dated 27th October, 2020 holding, inter alia, that taking into account the medical documents which were submitted afresh as per direction of this Court in W.P.No.6209 (W) of 2020, the petitioner's attendance was calculated at 67.18 per cent. 8. The Regional Officer, Central Board of Secondary Education duly considered the medical documents of the petitioner and passed an order dated 27th October, 2020 holding, inter alia, that taking into account the medical documents which were submitted afresh as per direction of this Court in W.P.No.6209 (W) of 2020, the petitioner's attendance was calculated at 67.18 per cent. However, the petitioner's prayer for condonation of shortage of attendance was rejected by the Board on the ground that only in exceptional circumstances created with medical grounds, such as candidates suffering from serious diseases, like, cancer, AIDS, TB or similar serious diseases requiring long period of hospitalization shortage of attendance can only be condoned by the Chairman. As the petitioner was suffering from Typhoid and Sprain and the medical certificates were given as per directions of the Hon'ble Court the shortage of attendance could not be condoned. 9. Ms. Anjili Nag, learned advocate for the petitioner submits that the petitioner forwarded the medical documents as per direction of the Court through the Principal of the school to the CBSE. The Court directed the Board to consider the said medical documents. Practically, those documents were considered and the Regional Officer came to a specific finding that the petitioner had attendance of 67.18 per cent. She refers to Rule 14 of " Standard Operating Procedure for Dealing With Students Having attendance Less Than Prescribed Percentage Attendance. " which shows that shortage up to 15 per cent only may be condoned directly by the Chairman. Cases of candidates with attendance below 60 per cent fall in a different category for which different procedure is enumerated. Since, the Board itself found that the petitioner had 67.18 per cent attendance the remaining 8 per cent shortfall may be condoned directly by the Chairman as per Rule 14. 10. Mr. M. P. Kamraj, learned advocate for the respondents, on the other hand draws my attention to Regulation 1(g) and (i) of the said SOP. Regulation 1(g) says, "Schools will recommend the cases as per examination bylaws only." Regulation 1(i) says, "shortage of attendance cases received in concerned regional office up to 7th January of academic session of Class-X or Class-XII will only be considered by the Board. 11. Regulation 1(g) says, "Schools will recommend the cases as per examination bylaws only." Regulation 1(i) says, "shortage of attendance cases received in concerned regional office up to 7th January of academic session of Class-X or Class-XII will only be considered by the Board. 11. He also refers to Regulation 2 wherein it is stated in case of failure by the student to attend classes due to prolonged illness it is mandatory to produce medical certificates for the period of absence from Government doctor along with all medical reports, x-rays etc. in the instant case it is pointed out by the learned advocate for the respondents that the school authority never recommended condonation of shortage of attendance of the petitioner. Secondly, no medical certificate issued by a Government doctor was forwarded to the Board. The petitioner forwarded series of prescriptions made by a private doctor in the name of the petitioner. Even no medical certificate was filed. These documents cannot be considered by the Board as per SOP regulations and there is no reason to interfere with the impugned decision passed by the Regional Officer of the Board. 12. Having heard the learned advocates for the petitioner and the respondents and on careful perusal of entire materials on record, particularly the judgments passed in the previous writ petitions it is absolutely clear that in the first writ petition the petitioner was permitted to appear in the Board examination pending decision of the Board with regard to the shortage of attendance. The Board withheld her result stating, inter alia, that she had only 39 per cent of attendance. In the second writ petition the petitioner prayed for proper consideration of her medical papers and condonation of shortage of attendance. The Court directed the petitioner to file all medical documents afresh. The petitioner complied with the Court's order. From paragraph (a) of the 'Findings' of the Board contained in the impugned order, it is ascertained that the Board actually considered the medical documents and came to the finding as hereunder:- "The petitioner had attended the school and had only 67.18 per cent attendance in the academic year including the absence sanctioned by the medical certificate." 13. At this stage, it is for the Court to consider as to whether the provision of Regulation 14 of the SOP was properly complied with or not. Regulation 14 runs thus:- "14. At this stage, it is for the Court to consider as to whether the provision of Regulation 14 of the SOP was properly complied with or not. Regulation 14 runs thus:- "14. Rules for condonation of shortage of Attendances ( i. ) If a candidate's attendance falls short of the prescribed percentage, the Head of the School may submit his name to the Board provisionally. If the candidate is still short of the required percentage of attendance within three weeks of the commencement of the examination, the Head of the Institution shall report the case to the Regional Officer concerned immediately. If in the opinion of the Head of the Institution, the candidate deserves special consideration, He may submit his recommendation to the Regional Officer concerned not later than three weeks before the commencement of the examination for condonation of shortage in attendances by the Chairman, CBSC, who may issue orders as he may deem proper. The Head of the School in his letter requesting for condonation of shortage in attendance, should give the maximum possible attendance by a student counted from the day of commencing teaching of Classes X/XII (beginning of the session) upto the 1st of the month preceding the month in which the examination of the Board commences, attendance by the candidate in question during the aforesaid period and the percentage of attendance by such a candidate during the aforesaid period ( ii. ) shortage upto fifteen per cent only may be condoned by the Chairman. Cases of candidates with attendance below sixty per cent in class X or class XII, as the case may be, shall be considered for condonation of shortage of attendance by the Chairman only in exceptional circumstances created on medical grounds, such as candidate suffering from serious diseases like cancer, AIDS, TB or similar serious diseases requiring long period of hospitalization. ( iii.) the principal shall refer a case of shortage within the above prescribed limit of condonation to the Board, either with the recommendations or with valid reasons for not recommending the case. (iv.) the following may be considered valid reasons for recommending the cases of the candidates with attendance less than the prescribed percentage: (a) prolonged illness; (b) loss of father/mother or some other such incident leading to his absence from the schooland meriting special consideration;and (c) any other reason of similar serious nature. (iv.) the following may be considered valid reasons for recommending the cases of the candidates with attendance less than the prescribed percentage: (a) prolonged illness; (b) loss of father/mother or some other such incident leading to his absence from the schooland meriting special consideration;and (c) any other reason of similar serious nature. (d) Authorised participation in sponsored tournaments and sports meets of not less than inter school level and at NCC/NSS camps including the days of journeys for such participation shall be counted as full attendance." 14. On careful perusal of clause (ii) of Regulation 14 to appears to this Court that there are two parts in the said regulation dealing with condonation of shortage of attendance, viz, (a) shortage up to 15 per cent only may be condoned by the Chairman (b) cases of candidates with attendance below 60 per cent in Class-X or Class-XII as the case may be, shall be considered for condonation of shortage of attendance by the Chairman only in exceptional circumstances created on medical grounds, such as candidates suffering from serious diseases like cancer, AIDS, TB or similar serious diseases requiring long period of hospitalization. 15. A careful reading of Regulation 14 (ii) shows that if a candidate secures attendance below 60 per cent due to prolonged illness or other serious medical grounds the Chairman may condone such shortage of attendance considering the said circumstances as exceptional circumstances. But with regard to shortage of attendance up to 15 per cent the Chairman may condone the same without taking into consideration the exceptional circumstances as enumerated above. 16. In the instant case the impugned order dated 27th October, 2020 clearly suggests that the Regional Officer of the Board came to a finding that the petitioner had 67.18 per cent attendance. When it was found that the petitioner had more than 60 per cent attendance, it ought to have been referred to the Chairman who ought to have condoned the shortage of attendance under the provision of the first part of Regulation 14. 17. In my considered view, the Chairman has failed to discharge his statutory duty as per Regulation 14 of the SOP. When the Board concluded that the petitioner had 67.18 per cent of attendance, remaining shortfall ought to have condoned by the Chairman. 18. Accordingly, the impugned order dated 27th October, 2020 is set aside. 17. In my considered view, the Chairman has failed to discharge his statutory duty as per Regulation 14 of the SOP. When the Board concluded that the petitioner had 67.18 per cent of attendance, remaining shortfall ought to have condoned by the Chairman. 18. Accordingly, the impugned order dated 27th October, 2020 is set aside. The respondent No.1 is directed to take into consideration the finding of the Board regarding 67.18 per cent attendance of the petitioner and condone the shortfall in terms of the first part of Regulation 14 of the SOP and publish her result within one month from the date of communication of the order. 19. In the meantime the petitioner be permitted to attend online classes to be commenced for class -XI. This order is of course subject to the final pass result of Class -X examination to be published on the basis of the result of the petitioner. The learned advocate for the petitioner is at liberty to communicate this order to the respondents procuring the server copy of the same for early consideration of the matter of the respondents. 20. W.P.A. 9303 of 2020 with CAN 1 of 2020 are accordingly disposed of.