Can’t Issue Mandamus To CBSE Contrary To Examination Bye-Laws: Delhi High Court Dismisses Petition Of Student Declared Ineligible For Class XII Supplementary Examination

The Petitioner had approached the High Court seeking quashing of a CBSE order and a declaration saying that the petitioner had passed his Class XII Board examination as per Rule 40.1 (i) of Examination Bye Laws.

The Single Bench of Justice Vikas Mahajan said, “As regard the submission that petitioner was suffering from a mental health condition and thus, he should be given a chance for supplementary examination on sympathetic grounds, suffice it to say that no provision has been shown by Mr. Ansari, either in the Examination Bye-Laws or otherwise, which allows relaxation of eligibility criteria for taking supplementary examination for Class-XII on medical grounds. This Court cannot issue mandamus to the respondent/CBSE contrary to its Examination Bye-laws.”

Advocate Mohd. Azam Ansari represented the Petitioner while Advocate Ashok Kumar represented the Respondent.

Factual Background

The petitioner passed Class X board examination with 50.5% marks in the year 2022. However, the petitioner started facing mental health issues when he was due to take his Class XII board examinations. Resultantly, the petitioner could only pass in two subjects i.e. Hindi and Political Science out of the mandatory five subjects and failed in three subjects being English, History and Geography. It was stated that the petitioner scored above 95% in his practical / internal assessment exams in all six subjects, including the elective/optional subject. Since the petitioner had failed in three subjects, the result declared by the CBSE showed ‘Essential Repeat’ for the petitioner.

Aggrieved by the same, the petitioner filed a writ petition, which was disposed of by this Court with a direction to the CBSE to treat the writ petition as a representation. Subsequently, the petitioner’s representation was rejected by CBSE vide the impugned order wherein it was observed that the petitioner’s result is ‘Essential Repeat’ since he had ‘Repeat in Theory’ [RT] in three subjects, out of the total six subjects. It was further mentioned that the petitioner couldn’t be permitted to appear in the supplementary examination as he was not eligible for the same, nor any grace marks be awarded to him since he had failed in three subjects out of the mandatory five subjects.

Reasoning

The Bench noted that the petitioner, out of the five mandatory subjects, could pass only in two subjects i.e. Hindi Elective and Political Science, whereas he failed in three subjects, i.e. English Core, History and Geography.

Reference was made to sub-clauses (i) and (ii) of Clause 40.1 of the Bye-laws, whereby it has been made clear that a candidate has to separately pass in theory as well as in practical/internal assessment. “Merely getting a grade higher than ‘E’ (i.e. at least 33% marks) in the internal assessment, without obtaining minimum 33% marks in theory, will not make a candidate eligible for obtaining pass certificate from the respondent/CBSE. The interpretation of Clause 40.1(i) put forth by the petitioner’s counsel is thus, misconceived and does not stand to reason, nor is Clause 40.1(ii) contrary to Clause 40.1(i) of the Bye-laws. In fact, Clauses 40.1(i) cannot sensibly be read in isolation, it will have to be read in conjunction with Clause 40.1(ii) so as to provide purposeful meaning to it”, it said.

Reference was made to the Eligibility Criteria for Supplementary Examination 2024 for Class XII mentioned in Annexure 1 of the Circular dated May 30, 2024 wherein it has been mentioned that where a candidate has appeared for Class-XII Examination-2024 for only the mandatory subjects and has been declared as compartment, he/she would be eligible to apply for supplementary examination only in one subject in which he/she has been placed in compartment.

“It is further provided that where a candidate with six subjects has been placed in compartment in two of the subjects, then he/she is again eligible to apply for supplementary examination only in any one of the two subjects in which he/she is placed in compartment. Meaning thereby, a candidate is eligible to apply for supplementary examination only in one subject and not more than that”, it said.

As the petitioner had not obtained a minimum of 33% marks in theory in three mandatory subjects, therefore, the Bench held that he was not eligible for supplementary examination. “Thus, the respondent/CBSE has rightly declared his result as ‘Essential Repeat’”, the Bench said while dismissing the Petition.

Cause Title: Md Aram v. State of NCT of Delhi & Ors. (Case No.: W.P.(C) 10462/2024)

Appearance:

Petitioner: Advocate Mohd. Azam Ansari

Respondent: Advocate Ashok Kumar

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