Case Title: Aryan Kumar (Minor) through Father Ravinder Kumar v. Kendriya Vidyalaya & Ors.
Judgement dated : : 06th November 2023
W.P.(C) 10836/2023
Petitioner : Ms. Pooja Dhar and Ms. S. Ambica, Advocates
Respondent No 1&2 : Mr. S. Rajappa and Mr. R. Gowrishankar, Advocates
Respondent no 3: Mr. Ashok Kumar and Ms. Chhavi Arora, Advocates
CORAM: HON’BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
Introduction
The High Court of New Delhi has recently permitted a student of class XI to be approved in proportion to marks obtained by him in the subject of physical education an additional subject an alternative to the subject of Mathematics (Which the petitioner has failed to qualify)
Facts of the Case
The petitioner’s damage was that on the grounds of article 106 of the KVS education code as amended in 2018 his promotion to class XII has been declined by the authority.
the petitioner obtained less than 33% marks in Mathematics, he was required to take a supplementary examination in that subject. However, even in the supplementary examination held on 19.04.2023, he was unable to secure 33% marks, and the school accordingly declared him as an „essential repeat‟ on 29.04.2023, that is to say, he has been asked to repeat Class-XI.
The petitioner raised that since the school is affiliated with the CBSE, it is bound by the CBSE Examination Bye-Laws, 1995 („CBSE Examination Bye-Laws‟); and that as per the CBSE Examination Bye-Laws, the petitioner is allowed to substitute the marks secured by him in Physical Education in place of the marks secured in Mathematics. It is argued that since that is so, the petitioner fulfills the CBSE‟s requirement of having obtained at least 33% in each of 05 subjects, in the theory and practical/project papers, as also 33% overall; and is therefore entitled to be promoted to Class-XII.
It is submitted that KVS is not entitled to impose the criterion that an additional subject (even if offered as an elective subject) cannot replace one of the 05 main subjects, since that criterion is not by the CBSE Examination Bye-Laws.
it is submitted that the petitioner has duly qualified Class-XI, having obtained 33% marks in each of the 05 subjects – after replacing Mathematics with Physical Education as the 5th subject – individually and overall; therefore, the petitioner deserves to be promoted to Class-XII.
Referring to Jigya Yadav, Justice Bhambhani reiterated that “in the event of any conflict between a bye-law framed by the CBSE and a code issued by KVS, the CBSE bye-law would prevail”.
Analysis by the court
The petition has been allowed thereby holding that the petitioner has fulfilled the pass criteria for Class-XI and is eligible to be promoted to Class-XII at the Kendriya Vidyalaya School.
It was further observed that “Bye-Law 40.1(iv)(b) expressly permits substitution of an additional subject in place of a main subject -provided that the additional subject is also offered as one of the elective subjects – and subject to the condition that even after such substitution, the candidate continues to retain either English or Hindi as one of the languages in the main subjects taken.
The petition has been disposed of
Even if any pending applications also stand disposed of.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into the category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written By
Kaulav Roy Chowdhury
