Schools Play Vital Role In Education, Must Ensure Examinee's Documentation Is Completed Within Time: Delhi HC Provides Relief To Class 10, 12 Students

The Delhi High Court recently directed the Central Board of Secondary Education (CBSE) to open its online portal to accommodate 45 class 10th and 12th students studying in a Delhi school to appear in their improvement and compartmental exams.

Observing that the petitioner school had been “very negligent” in the present case, a single judge bench of Justice Swarana Kanta Sharma said that the court cannot allow the students to “suffer loss” of an academic year.

The High Court said that it was “constrained” to remind the schools, who are at “fault for not uploading the relevant and requisite details within the stipulated time period” that their primary objective is to “serve the students' interests”.

It passed the order after noting that the Rajasthan High Court had permitted similarly placed students to appear in the supplementary examination which was to be conducted on July 15.

The court noted that the exam in question before the Rajasthan HC was the same as the one before it, conducted by the CBSE.

“Therefore, this Court, to ensure that in case similarly placed students are accommodated by CBSE by opening portal for a limited period for accommodating them in compliance of that Court's order or in any other manner, directs that the 45 students of the petitioner school, qua whom the present petition has been filed by the petitioner school, will also be accommodated in similar fashion and to same extent, as per the convenience of CBSE and in the manner deemed appropriate at its end, as in compliance of the orders of the High Court of Rajasthan,” Justice Sharma said in its July 12 order.

Background

The order came in a petition moved by Bloom International School seeking a direction to the Central Board of Secondary Education to allow 41 students of Class 10th and 12th of the petitioner school to appear in their compartment examination. The petitioner school further sought that 4 class 12 students also be permitted to appear in the improvement examination, which was scheduled for July 15.

For this, the school sought that CBSE be directed to re-open their 'online portal' for submission of relevant details of these 45 students since the petitioner-school had failed to upload these details on the portal within the stipulated time period.

In her order, Justice Sharma observed that the matter presented a situation where the “future” of Class 10th and 12th students was at “stake”.

Emphasizing on the vital role that schools and educational institutions play, Justice Sharma said, “Schools are responsible for adhering to deadlines and ensuring that all necessary documentation and processes are completed in a timely manner, especially when the notifications and the deadlines are clear and in unequivocal terms. To come with an excuse that the concerned teacher was on leave, and therefore, the deadline was missed is a poor excuse and the school, which had the future of the students in their hands, should have been vigilant that if one teacher is on leave, the entire administration does not stop working”.

The court noted that students–who are already under pressure of their “compartment/supplementary board examination” of class 10th and 12th and the “anxiety of their future overpowers them frequently”, should not be made to suffer–for no fault of theirs–by losing an academic year and opting for higher studies, for which they must be taking coaching/studying for.

“This Court is of the opinion that the present case had to be filed due to sheer negligence of the petitioner-school itself which had put the future of their own students at stake, with uncertainty looming large on their future,” Justice Sharma said.

The court further imposed a Rs. 50,000 cost on the school and directed that the same be deposited with the Delhi High Court Legal Services Committee within a week.

During the hearing, CBSE's counsel said that it shall be filing an appeal against the order passed by the Single-Bench of Rajasthan High Court before the division bench there.

At this stage, the counsel appearing for the petitioner school undertook that if the CBSE succeeds before the Division Bench of Rajasthan HC and the single judge bench's decision is set aside or stayed, “the petitioner-school will not object to denial of the opportunity to its students to appear in these examinations, and will not agitate the matter further as this order does not create a right in their favour”.

The order noted that while the Court was not initially inclined to grant relief to the school, the order passed by the Rajasthan High Court in a similar matter was brought to Justice Sharma's notice, and persuaded her to grant relief to the 45 students in the present case.

"It is clarified that this Court was not inclined to grant relief to the petitioner-school…However, only to ensure equity and equal treatment for the students, qua whom the petitioner-school has approached this Court, by the same respondent CBSE, the later part of the order was passed. The order of the High Court of Rajasthan was passed, as submitted before this Court, late evening, and was placed before this Court while the judgment was being dictated by this Court. Thus, the net result in the present order will be that in case, the CBSE will allow similarly placed students of Rajasthan to appear in the examinations to be held on 15.07.2024, the students studying in the petitioner-school will also be accommodated to the same extent as those petitioners in W.P.(C) 11491/2024," the Bench clarified while stating that the present order would only be applicable to the 45 students studying in the petitioner-school.

Case Title: BLOOM INTERNATIONAL SCHOOL v CBSE

Citation: 2024 LiveLaw (Del) 841

Counsel for the petitioner: Senior advocate Rakesh Kumar Khanna, with advocates Pramod Kumar and Anurag Kasana

Counsel for the respondent: Sanjay Khanna, Standing Counsel for CBSE with advocates Pragya Bhushan, Karandeep Singh and Tarandeep Singh

Click Here To Read/Download Order