Plea Seeking Waiver Of Board Examination Fee For Class X & XII Students- High Court Directs Delhi Govt, CBSE To Treat It As Representation

The Delhi High Court on Monday directed the Delhi Government and CBSE to treat as a representation a plea seeking waiver of Board examination fee for class X and XII students studying in Delhi Government Schools and those in EWS Category of other private schools for the academic year 2021-2022.

Asking the respondents to take a policy decision in the matter, Justice Prateek Jalan ordered:

"As the last date for submission of the examination fees for the Board examinations to be held in 2022 is 30.09.2021, if the GNCTD intends to provide the relief sought by the petitioner, it is directed to issue a public notice to this effect by 29.09.2021."

The petition was moved on behalf of two fathers whose daughters are presently studying in Class XII in a Delhi Government school. 

The plea sought stay on the operation of two circulars dated 16 September 2021 issued by the CBSE as well as 20 September 2021 issued by the Delhi Government, till final disposal of the matter.

In the Circular issued by the CBSE, List of Candidates (LOC) for the upcoming Class X and XII Board examination was required to be submitted before September 30 and the students were required to deposit fees in their respective schools for their names to be included in the list.

"This year, only 2 weeks have been granted to the schools to complete the collection process of the CBSE examinations fees. The said circulars further prescribes that the examination fees is Rs. 1200/- per candidate for SC/ST students and Rs. 1500/- per candidate for the rest in both Classes X and XII. The abovementioned fees is just the base fees for five subjects X & Class XII board examination before 30.09.2021," the plea read.

On the other hand, the Circular issued by the Delhi Government directed the Heads of Govt., Govt. Aided & Unaided recognized schools to ensure that the said LOC should be submitted within the given time limit to avoid late fee charge as prescribed by the CBSE.

"The circular issued by the respondent no.1 is silent on the aspect if the respondent no. 1 shall provide any financial assistance qua the board exam fees to students studying in the Delhi government schools and in the EWS category," the plea added further.

The plea, therefore, sought directions on the respondents to provide an extension of time to the petitioner for depositing the examination fees for the year 2021-2022.

"The question of whether to provide subsidy to Government school students in respect of the Board examination fees is a matter of policy. It is the Government which must take a call," the Court said while directing the plea to be treated as a representation.

The petition was moved through Advocates K.P. Jayaram, Pulkit Agarwal, Ashutosh Kumar, Palav Agarwal, Aakash Sinha and Sudhanshu Kaushesh.

Title: SUHAIL RAZA AND ANR. v. GOVT. OF NCT DELHI AND ANR.

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