Delhi High Court - Orders
Aditya Gaba And Ors vs Union Of India & Ors on 1 September, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~22 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9191/2021 & CM APPL. 28622/2021
ADITYA GABA AND ORS ..... Petitioners
Through: Mr. Joydeep Sarma &
Mr. Shubham Pandey, Advocates
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Rupesh Kumar, Ms. Neelam
Sharma, Ms. Pankhuri Shrivastava,
Mr. Pravesh Bahuguna &
Mr. Alekshendra Sharma,
Advocates for CBSE.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 01.09.2021 The proceedings in the matter have been conducted through video conferencing.
1. The petitioners are students who have completed Class XII this year from the respondent No. 2-USM Public Senior Secondary School. The petition concerns the assessment of their Class XII results pursuant to the circular of the respondent-Central Board of Secondary Examination ["CBSE"] dated 17.06.2021 ["the Circular"]. According to the petitioners, their results, as declared by the CBSE, do not correspond with the procedure detailed in the Circular. They have therefore sought resolution of their disputes in terms of the subsequent circular of the Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:03.09.2021 13:29:49 W.P.(C) 9191/2021 Page 1 of 3 CBSE dated 08.08.2021, but have not received any response thereto.
2. Mr. Joydeep Sarma, learned counsel for the petitioners, confines the relief sought in this petition to resolution of the disputes raised by the petitioners.
3. Pursuant to the order dated 27.08.2021, Mr. Rupesh Kumar, learned counsel for the CBSE, enters appearance and submits that the disputes raised by the petitioners fall within the Type 1 and Type 2 as enumerated in the CBSE's circular dated 08.08.2021. Such disputes are to be addressed by the candidate's school at the first instance.
4. In view of the aforesaid, notice be issued to the respondent No. 2- School. Mr. Sarma is at liberty to serve the School by e-mail or any other permissible mode within one week from today.
5. The Respondents may file their counter affidavits to the petition within four weeks. Rejoinders thereto, if any, may be filed within one week thereafter.
6. The pendency of this petition will not come in the way of the CBSE taking such action under its circulars as it considers appropriate.
7. Mr. Sarma's immediate concern is that the petitioners wish to take the improvement examinations offered by the CBSE under paragraph 28 of the Circular. However, the Circular provides that the marks scored in the later examination will be considered as final. Mr. Sarma submits that the petitioners' have been put in a predicament because their disputes have not yet been resolved. In the event the petitioners' marks are improved upon resolution of their disputes, they may not be required to take the improvement examinations at all. However, if the marks presently awarded to them are sustained, they would like to take the Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:03.09.2021 13:29:49 W.P.(C) 9191/2021 Page 2 of 3 improvement examinations.
8. Mr. Kumar points out that the Circular, requiring the later marks to be considered as final, has been approved by the Supreme Court by its order dated 22.06.2021 in Mamta Sharma vs. Central Board of Secondary Education and Others [W.P.(C) No. 522/2021], and the CBSE is bound by the order.
9. In order to balance the equities, it is directed that the petitioners may take the improvement examinations at this stage, without prejudice to their rights and contentions in the writ petition. However, their results in the improvement examinations will not be declared until the resolution of their grievances. After the petitioners know the result of the grievance redressal process, they may opt for declaration of their results in the improvement examinations, which will then be final. However, if they are satisfied with the original results, as rectified, their results in the improvement examinations will not be declared. Mr. Kumar accepts that this would be in consonance with the Circular.
10. List on 18.10.2021.
PRATEEK JALAN, J SEPTEMBER 1, 2021 'hkaur' Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:03.09.2021 13:29:49 W.P.(C) 9191/2021 Page 3 of 3