SHIVAM SHARMA Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) THE petitioner was studying in Vivekanand Public School and appeared in various units and other examinations in the aforesaid class. As per the final report card, he obtained 36.9 percent marks in English, 4.9 marks in mathematics, 30.3 marks in Economics, 31.1 marks in the Business Studies and 35.4 percent in Accountancy. The petitioner had also opted Physical Education as an additional subject and he got grade - B in the aforesaid subject. Since the petitioner was not promoted to class ­XII, he is before this Court by way this writ petition, seeking a direction to the respondent no.2 Vivekanand Public School to admit him in class -XII and allow him to attend the class XII during the rest of the academic session. He is also seeking a direction to allow him to attend classes of intermediate.

(2.) CLAUSE 2.5(iv) of Pass Criteria of CBSE and Rules 29 and 32 of Promotion Rules notified by Directorate of Education which are relevant for the purpose of deciding this writ petition read as under:

(3.) THE contention of the learned counsel for the petitioner, however, is that it is only the marks obtained in the final examination which have to be seen for the purpose of deciding whether a person has obtained 25% marks in all the subjects in terms of Rule 29 of the Promotion Rules or not. Though I am unable to agree with the learned counsel for the petitioner, even if his marks in mathematics in the final examination is seen, it would be noticed that he does not have 25% marks in mathematics even in the final examination.