ARJUN P. V. Vs. UNION OF INDIA

JUDGEMENT

(1.) Twenty eight students, who were studying in Standard X at Arooja's Little Stars School, Moolamkuzhi, Kochi has filed W.P. (C).No.6110/2020 inter alia seeking for a direction to permit the petitioners to write the CBSE Class X examination commencing on 24.2.2020. In fact, by the time they filed the writ petition, two examinations were already over. The facts involved in the case would disclose that petitioners were initially made known that they could write examinations from the SDPY Central School, Kalathara, Kannamali, Kochi, on account of the fact that Arooja's Little Stars School was not affiliated to CBSE. By Ext.P6, SDPY School had permitted the petitioners/students also to apply online for writing examinations. Subsequently, by Ext.P7, SDPY Central School informed the CBSE that those students were not studying or registered in their school. It is pursuant to the above communication that the students and their parents of Arooja's Little Stars School faced the aforesaid debacle and had to approach this Court.

(2.) By an interim order dated 28.2.2020, the learned Single Judge declined to grant permission to write the examination, against which the students had preferred W.A.No.403/2020. The school had also filed W.P.(C).No.3813/2020 seeking a direction to the CBSE to register the students of their school as shown in Ext.P6 list containing 34 students and to issue hall tickets for the CBSE examinations. W.P. (C).No.4107/2020 has been filed by Al-Azhar English Medium School, Palluruthi. They contended that since CBSE had not properly considered their application for affiliation, the students were attending examination after registering with neighbouring affiliated schools. Standard X students' applications for registration were made while they were studying in Standard IX itself. But according to them though permission was sought to permit the students to write examination through an affiliated school and the affiliated school was agreeable for the same, CBSE did not grant permission. Later, the Regional Office had informed the petitioners that they will not permit such registration. Four students of Al-Azhar English Medium School had to write the Standard X examination.

(3.) When the appeal came up for hearing, by an interim order dated 3.3.2020, this Court directed that the CBSE shall permit the students to provisionally write the Xth standard examinations conducted by the CBSE on 4 th, 12th and 18th of March, 2020. It was however made clear that the appellants shall not claim any equity on account of the said interim order. A similar order was issued in the case of Al-Azhar English Medium School, in W.P.(C).No.4107/2020 as well. All the students of Arooja's Little Stars School and Al-Azhar English Medium School wrote three examinations. Later, when the above matter came up for hearing on 12.6.2020, it was brought to our notice that the examinations of CBSE could not be held at Delhi and the Hindi Course B and English Language and Literature were being conducted by the CBSE at Delhi on 10.7.2020 and 15.07.2020. Certain students had opted for Malayalam as well, instead of Hindi Course B. We, therefore, issued the following directions: