Allahabad High Court
Divyansh Tripathi vs Union Of India And 3 Others on 7 February, 2020
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - C No. - 31812 of 2019 Petitioner :- Divyansh Tripathi Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Ashok Pandey,Srestha Pandey Counsel for Respondent :- A.S.G.I.,Omar Zamin,Rakesh Kumar Pandey,Surendra Prasad Sharma Hon'ble Ashwani Kumar Mishra,J.
Petitioner was admitted in respondent no.3 institution and he appeared in class IX examination in the academic session 2018-19. The respondent no.3 institution is affiliated to Central Board of Secondary Education and consequently the petitioner got himself registered with Board for appearing in class X examination in the academic session 2019-20. Having obtained a pass transfer certificate of class IX from respondent no.3 institution, the petitioner also took admission in class X in respondent no.4 institution which is also affiliated to CBSE.
It appears that requisite charges were deposited to the Board with a request to permit the petitioner to appear in board examination of class X for the academic session 2019-20, from respondent no.4. However, such permission was declined on the ground that respondent no.3 institution has informed the Board that petitioner has failed in one of the subjects. The petitioner consequently approached this Court in September, 2019 with the complaint that as he has already passed class IX and is already issued a pass transfer certificate, the refusal on part of the CBSE to permit him to appear in class IX examination is arbitrary.
Writ petition was entertained and notices were issued to the institutions concerned. Orders were passed on different dates and ultimately respondent no.3 has issued a pass certificate to the petitioner for class IX. The subsequent certificate in that regard is not disputed by the CBSE. Permission to the petitioner to appear in class X examination from respondent no.4 institution, however, is declined by the CBSE apparently for the reason that earlier respondent no.3 had already notified that petitioner had failed in class IX.
I have heard learned counsel for the petitioner and Sri S. P. Sharma, learned counsel for respondent CBSE. Respondent nos.3 and 4 have already been served.
From the materials as have been noticed above it is apparent that petitioner has passed class IX examination from respondent no.3 institution, which is affiliated to CBSE and for any delay in issuance of pass certificate or some dispute in that regard the career of petitioner cannot be jeopardised. It is only after passing of an order by this Court on 7.9.2019 that the respondent no.3 has issued pass certificate for class IX. For any delay which is not attributed to the petitioner, he cannot be denied permission to appear in class X examination, particularly when it is asserted that he has passed class IX and is duly admitted to respondent no.4 institution in class X and is also attended his classes etc. This writ petition is, accordingly, disposed of with a direction upon the respondent CBSE to permit the petitioner to appear in class X board examination during the academic session 2019-20.
Order Date :- 7.2.2020 Ashok Kr.