R ROSHAN WILFRED Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner has come forward with the above Writ Petition praying for issuance of a Writ of Mandamus to direct the second respondent herein to conduct supplementary examination for the subjects of Chemistry and Computer Science in Standard XI insofar as the petitioner is concerned.

(2.) It is the case of the petitioner that the petitioner may be permitted to take up supplementary examination in Chemistry and Computer Science subjects in XI Std., as the student has failed in these two subjects. According to the petitioner, as per the guidelines, the student who has failed in two subjects, is entitled to take up the re-examination and that the Kendriya Vidyalaya ought to have permitted for re-sitting of the examination. It is the sole discretion of the Kendriya Vidyalaya with regard to the papers for permitting re-sit of the papers, and discretion is vested with the School by the CBSE. That apart, it is further submitted that the candidate or the parent was not informed that the student would not be permitted to take up more than one paper to have re-sitting and that in terms of the Examination Bye-laws of the CBSE, dated 29.11.2016, more particularly as per the amended Bye-law No.40.2 which is in existence, the petitioner should be permitted to take up the said two subject papers. The said Bye-law/Rule No.40.2 reads as follows:

(3.) The learned counsel appearing for CBSE, even though verbally stated that it is left to the discretion of the School to have more than one sitting, but on instructions, he filed a counter affidavit stating that the new clause had been introduced, namely 40.2 (ii) stated supra. According to the learned counsel appearing for CBSE, if a candidate fails in one subject out of five subjects in XI Std., he shall be placed in the compartmental examination in that subject, provided he/she qualifies in all the subjects of internal assessment. According to the learned counsel for the CBSE, the criteria for pass of XI Std. from 2017-2018 had been issued by the respective schools and that it is for the school to adhere to the guidelines/bye-laws/rules issued by the CBSE.