NIDHI BHARTI Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) The petitioners, who are students of 11th Class have filed the present writ petitions under Articles 226/227 of the Constitution of India, for issuance of a direction of writ, for quashing the instructions No. 2 contained in Annexure P/1 annexed to this writ petition.

(2.) Practically, the prayer made in this petition is squarely covered by the judgment of this Court in the case Gaurav Mishra and Ors. v. C.B.S.E. and Ors., C.W.P. No. 14460 of 1998 decided on 19.2.1999.

(3.) However, learned Counsel appearing for the respondent-board has argued that in view of the bye-laws of 7.4 the very eligibility of the petitioners is questionable. It is contended by the learned Counsel that to be admitted to 11th Class, the candidate must pass the examination conducted by the Central Board of Secondary Education, Delhi of Class X. Thus, the instructions are hardly of any consequences because admission itself is prohibitory under the bye-laws. At the outset two facts must bo noticed. Firstly, that upon declaration of the appropriate Clauses in the brochure, all the petitioners were given admission in the 11th Class, which had not been objected to by any authority and secondly, the students have studied in the 11th Class for full academic sessions which is not disputed.