Aditya Gaba And Ors vs Union Of India & Ors on 17 August, 2022

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Delhi High Court - Orders

Aditya Gaba And Ors vs Union Of India & Ors on 17 August, 2022

Bench: Chandra Dhari Singh

                          $~17
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 9191/2021 & CM APPL. 28622/2021 & CM APPL.
                                 37429/2021
                                 ADITYA GABA AND ORS                                   ..... Petitioners
                                                   Through:     Mr. Joydeep Sarma and Mr. Vishal
                                                                Sharma, Advocates

                                                   versus

                                 UNION OF INDIA & ORS.                               ..... Respondents
                                                   Through:     Mr. Rupesh Kumar and Ms. Pankhuri
                                                                Shrivastava, Advocates for R-1/CBSE
                                                                Mr. R. P. Tomar, Advocate for R-
                                                                2/USM School
                                 CORAM:
                                 HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                                   ORDER

% 17.08.2022

1. The instant petition under Articles 226/227 of the Constitution of India has been filed on behalf of the petitioners seeking the following reliefs:

"a). Allow the present Petition and issue appropriate writ of certiorari or any other appropriate writ directing the Respondent No. 2 & Respondent No. 3 & Respondent No. 4 to produce the records of the Petitioners relied upon to declare the Class XII Board examination marks of the Petitioner(s) as per Tabulation Policy No. CBSE/CE/2021 dated June 17, 2021;

b). issue appropriate writ of mandamus or any other appropriate writ directing Respondent No. 2 & Respondent No. 3 and Respondent No. 4 to recalculate and declare the marks of the Petitioner(s) of their Class XII Board examination strictly as per Tabulation Policy No. CBSE/CE/2021 dated June 17, Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:18.08.2022 18:18:58 2021;

c) Issue appropriate writ of mandamus or any other appropriate writ quashing the Communication dated July 15, 2021 of Respondent No. 2 and FAQ-1 dated July 21, 2021 of Respondent No. 2 in respect of 'Assessment Moderation of Class XI and Class XII Component' portion of the Tabulation Policy No. CBSE/CE/2021 dated June 17, 2021 for being inconsistent with 'Assessment Moderation of Class XI and Class XII Component' portion of the Tabulation Policy No. CBSE/CE/2021 dated June 17, 2021 contained in Point-10 thereof and also for being arbitrary, unreasonable, discriminatory and unfair;

d) issue appropriate writ mandamus or any other appropriate writ directing the Respondent No. 2 to permit Petitioners the choice to opt for either the mark declared through the Tabulation Policy or the marks secured through the physical improvement examination, whichever is higher, as their final Class XII marks;

(e) costs of this petition; and in that behalf;

(f) pass such further orders and/or directions as this Hon'ble Court may deem fit, appropriate and proper in the facts and circumstances of the present case."

2. After some length of arguments, learned counsel appearing on behalf of the petitioners, without entering into the merits of the case, made an innocuous prayer for direction to the concerned school to decide/dispose of the application/representation filed by the petitioners which is appended as annexure P-9 and pass an appropriate order expeditiously in accordance with the scheme of the CBSE which is appended as Annexure P-1.

3. Learned counsels appearing on behalf of the respondents have no objection to the innocuous prayer made by the learned counsel for the petitioner.

4. Heard learned counsel for the parties and perused the record.

Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:18.08.2022 18:18:58

5. Since learned counsel for the petitioner does not press the matter on merits and has made an innocuous prayer and no opposition on behalf of the respondents for the same, this Court is inclined to allow the innocuous prayer made on behalf of the petitioner.

6. The competent authority of the concerned school is directed to decide/dispose of the application/representation which is pending before them which is appended as Annexure P-9 to the instant petition in accordance with the law and the scheme of the CBSE and pass a detailed and reasoned order expeditiously, preferably within three months.

7. Accordingly, the instant petition is disposed of along with pending applications, if any.

CHANDRA DHARI SINGH, J AUGUST 17, 2022 gs/ms Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:18.08.2022 18:18:58

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Delhi High Court - Orders