ANKUR SEN Vs. CBSE

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner seeks directions to direct the respondent CBSE to allow him to appear in the compartmental examination in Mathematics (additional subject) which was scheduled for 16.7.2011.

(2.) Facts, succinctly stated, are that the petitioner appeared in CBSE Class XII Examination held in the month of March 2011 and was declared 'Pass? but failed in 6 th (additional) subject, i.e. Mathematics. It is the case of the petitioner that he had appeared in various entrance examinations, such as National Aptitude Test for Architecture, AIEEE (Architecture) and for other private colleges where he had secured good rank and if he is not allowed to appear in the compartmental examination in his 6 th (additional) subject of mathematics in this year itself, then he would lose a chance to get admission in many prestigious courses. It is also the case of the petitioner that he was permitted to appear in the said compartmental examination by his School and, in fact, the petitioner had filled the necessary examination form after depositing the fee of Rs.150/-, which Form was duly forwarded by the School to the CBSE and the same was received by the CBSE with its official seal affixed on the said form. After the submission of the said Form, the petitioner did not receive any response from the CBSE due to which the petitioner was apprehensive that he will not be permitted to appear in the compartmental examination in the same year because of misinterpretation of the relevant bye-laws of the CBSE. It is also the case of the petitioner that as per the rule mentioned in the footnote of the form, the petitioner is clearly eligible to appear in the compartmental examination as the said rule clearly permits a student who had appeared in all the six subjects but failed in one of the six subjects to be entitled to appear in the said compartmental examination. Also, a notice dated 1.7.2011 was sent by the petitioner to raise his grievance for inaction on the part of the respondent CBSE on his application for letting him appear in the compartmental examination and as he did not receive any response , ultimately he had to file the present writ petition.

(3.) In the counter affidavit filed by the respondent CBSE, the stand taken is that the petitioner is ineligible to take the said compartmental examination in the same year in terms of relevant bye-laws of respondent CBSE. As per the examination bye-laws framed by the CBSE, a candidate is eligible for taking the Senior Secondary School Certificate Examination, he has to undergo a regular course of study in one language and four elective subjects and besides these five main/elective subjects, the candidate may opt for an additional subject which can either be a language at elective level or another elective subject, as prescribed in the scheme of studies. It has been further explained by the respondent that in order to declare a student having passed the examination, he has to obtain a grade higher than the E(i.e. at least 33% marks)) in all the five subjects of external examination in the main or at the compartmental examination. Likewise, in case of a subject involving practical work, a candidate must obtain 33% marks in theory and 33% marks in practical separately, in addition to 33% marks in aggregate in order to qualify in that subject. So far as norms applicable to an additional subject are concerned, learned counsel for the CBSE has placed reliance on Rules 40.1 (iv) and (v) which are reproduced below:-