NIKITHA BASHEER Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) The petitioner in this writ petition is a student in Standard XI of Bhavan's Vidya Mandir, Trichur. The main relief sought for in the writ petition is for a direction to the second respondent to issue Transfer Certificate showing her as having passed Class XI. The dispute herein has arisen in the following manner:

(2.) The petitioner had 81.2% marks in Standard X Examination with 82% marks in science subject. Upto Standard X she had been at the Our Own English High School, Dubai and for having better coaching in Standard XII and for preparations for the Entrance Examination, along with her mother she shifted her residence to Kerala and accordingly she was admitted in the present school. The petitioner has obtained more than 33% marks in the annual examination of Class XI which is more than the minimum of 33% prescribed by the Central Board of Secondary Education (CBSE in short), but still the school has issued Ext. P2 stating that she has failed in Class XI. She intends to have a Transfer Certificate for joining another school for Class XII. It is in these circumstances she has approached this Court seeking various reliefs.

(3.) The petitioner relies upon Ext. P3, viz. the Senior School Curriculum, 2009 prescribed by the CBSE providing for eligibility of candidates for admission in Class XI and for the Board Examination to be held in 2009. It is contended, based on the relevant clauses therein, that the CBSE allows a student who has obtained 33% marks, to be promoted in Class XII. It is submitted that the said pass marks is required in the final examination and the method adopted by the school to have minimum of 40% for all the class examinations, mid term tests, etc. cannot be sustained, as the stipulations contained in Ext. P3 are binding on the authorities of the school, which is affiliated to the CBSE.