JYOTI Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) The issue involved in both these writ petitions is identical, however, for ease of reference, the facts are being extracted from CWP No.18460 of 2021.

(2.) Undisputed facts are that the petitioners took their Class-X examination in March, 2019. They cleared all subjects except one which was also cleared in the compartment examination held in March, 2020. Matriculation Certificate was issued in July, 2020. The compartment examination held in March, 2020 was the second chance. Meanwhile, the petitioners had been admitted to Class-XI during the academic session 2019-20 and cleared the same in the year 2020. Accordingly, they were admitted to Class-XII, the final examination for which was to be held in March, 2021. However, on account of Covid-19 pandemic, off-line exams were not held and students were evaluated on the basis of a policy framed in this regard. Prior thereto, the petitioners' names were registered for the Class-XII examination and admit cards/roll numbers were also issued. They were also permitted to take the practical examination. However, when the result was finally declared, 'NE' i.e. not eligible was mentioned against the names of the petitioners in the relevant column. Their schools submitted representations dtd. 6/8/2021 and 20/8/2021 to the Central Board of Secondary Education (CBSE) but nothing was done. Thus, the present writ petition has been filed for a direction to the CBSE to declare the final result of Class-XII.

(3.) On behalf of the petitioners, it has been submitted that the petitioners were not guilty of any concealment. Their admission to Class-XI was well-known as a list of all students registered for the said class was sent to the CBSE. Thereafter, the petitioners not only took the Class-XI examination but were also promoted to Class-XII. They were even registered for the Class-XII examination and were issued a rollnumber. The petitioners were permitted to take the practical examination and thus, non-declaration of their final result is arbitrary. The action is also discriminatory because the result of one student namely Jatinder Kumar s/o Ajit Kumar was declared although he was identically situated as the petitioners. A copy of his Class-XII result is annexed as Annexure P-14 on the record. Reliance has been placed upon judgment dtd. 12/11/2021 passed by this Court in CWP No.18881 of 2021 'Rohit Kapoor vs. Central Board of Secondary Education and others'.