Delhi High Court - Orders
Kanan Saini vs Cbse & Anr on 13 January, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~23 (2022 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7548/2021
KANAN SAINI ..... Petitioner
Through: Mr. Rishabh Sharma, Advocate.
versus
CBSE & ANR. ..... Respondents
Through: Mr. Ashok Kumar, Mr. Ujjwal
Goel & Ms. Chhavi Arora, Advs
for R-1/CBSE.
[M:- 9810011826]
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 13.01.2022 The proceedings in the matter have been conducted through video conferencing.
1. The petitioner seeks a correction in his Class X certificate issued by the respondent No. 1-Central Board of Secondary Education ["CBSE"], to the effect that the name of his late father be added to the certificate.
2. Mr. Ashok Kumar, learned counsel for the CBSE, seeks further time to file the counter affidavit. Counter affidavit be filed within three weeks. Rejoinder thereto, if any, may be filed within one week thereafter.
3. Several petitions relating to change of particulars in CBSE certificates are pending before this Court, which are required to be adjudicated in terms of the judgment of the Supreme Court dated 03.06.2021 in Civil Appeal No. 3905/2011 [Jigya Yadav (Minor) Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 7548/2021 Page 1 of 4 Signing Date:14.01.2022 11:03:23 (Through Guardian/Father Hari Singh) vs. C.B.S.E. (Central Board of Secondary Education) & Ors.]. Mr. Sanjoy Ghose, learned Senior Counsel [Mobile No.:- 9811118889], has been appointed as Amicus Curiae to assist this Court in categorization of cases and in resolving the disputes in terms of the judgment in Jigya Yadav (supra).
4. W.P.(C) 9115/2021 [Aradhya Pathak vs. Central Board of Secondary Education] and connected matters, were taken up for hearing on 03.12.2021 and the following order was passed:-
"1. This batch of petitions concern requests for change/correction of particulars (names, parents names, and date of birth) in the certificates issued by the Central Board of Secondary Education ["CBSE"].
2. The matter was governed by Byelaw No. 69.1 and 69.2 of the CBSE‟s Examination Bye Laws. The validity of the byelaws was considered by the Supreme Court in its judgment dated 03.06.2021 in Civil Appeal No. 3905/2011 [Jigya Yadav (Minor) (Through Guardian/Father Hari Singh) vs. C.B.S.E. (Central Board Of Secondary Education) & Ors.] and other connected matters. The Supreme Court has given detailed directions on the manner in which such requests are to be resolved.
3. As several such petitions are pending in this Court, by an order dated 27.08.2021, in W.P.(C) 9115/2021, Mr. Sanjoy Ghose, Senior Advocate was requested to assist this Court as Amicus curiae. This Court has to determine the manner in which various kinds of requests can be categorised and resolved, consistent with the judgment in Jigya Yadav.
4. I have heard learned counsel to the petitioners and the CBSE, as well as the learned Amicus, and Dr. Sanyam Bhardwaj, Controller of Examinations of CBSE, who is present in the video conference hearing. For the present, the following directions are passed: -Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 7548/2021 Page 2 of 4 Signing Date:14.01.2022 11:03:23
a) The Supreme Court has directed CBSE to amend its byelaws in accordance with the directions laid down in the said judgment. Mr. Bhardwaj states that the process of amendment of the byelaws is at an advanced stage, and the draft amended byelaws are to be placed before the Governing Body of CBSE in its meeting scheduled on 05.01.2022. The CBSE is directed to place the outcome of the meeting before the Court by 15.01.2022.
b) Some suggestions have been made as to the amendments to be made. One of the suggestions made by several counsel is that the CBSE may consider including the timeline for resolution of these disputes in its amended byelaws. Learned Amicus curiae has also suggested the incorporation of a provision of appointment of an Ombudsman to resolve cases decided by the CBSE against the applicant. The CBSE may consider these suggestions also.
c) The Supreme Court also directed CBSE to consider pending and future applications in consonance with its judgment, even while the process of amendment of the byelaws was in progress. Learned counsel for CBSE states that approximately 200 applications have already been resolved during this period. The process of consideration of pending individual applications is under way and a committee has been constituted to look into the individual region wise grievances. Decided cases in which proceedings are pending in Court are also being looked into afresh. Dr. Bhardwaj states that the Committee is also expected to conclude its task expeditiously, and is likely to do so by the end of January, 2022. CBSE is directed to place on record an affidavit by 15.01.2022, giving details of the number of applications which are pending before it, number of applications which have been resolved by that date in favour of the applicant, and the number of requests which have been rejected, alongwith the grounds upon which the rejection has been made.Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 7548/2021 Page 3 of 4 Signing Date:14.01.2022 11:03:23
d) When a decision is taken on an individual application, CBSE is directed to communicate it to the concerned student, in addition to the concerned school, as is being done at present.
e) It may be noted that in several of these petitions, counter affidavits have been filed to the effect that the petitioners‟ applications are not covered by the directions in Jigya Yadav. Dr. Bharadwaj, however, states that a majority of cases including requests for correction of date of birth, are covered by the directions in Jigya Yadav, and an attempt will be made to resolve those cases. He further states that in most cases where authentic public document are available, the CBSE does not anticipate a requirement of Court orders being produced.
5. After the aforesaid affidavit is placed before the Court, the Court will be in a position to take up individual cases which the CBSE has not been able to resolve."
5. The CBSE is directed to comply with the aforesaid directions in the present case also in the meantime.
6. Mr. Rishabh Sharma, learned counsel for the petitioner, is also directed to serve a copy of the writ petition upon the learned Amicus Curiae.
7. List on 15.03.2022.
PRATEEK JALAN, J JANUARY 13, 2022 „pv‟ Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 7548/2021 Page 4 of 4 Signing Date:14.01.2022 11:03:23