CBSE Examination Bye-Laws In Nature Of Central Bye-Laws, Not Akin To Local State Acts Or Regulations: Delhi High Court

The Delhi High Court has said that the CBSE Examination Bye-Laws are in the nature of Central Bye-Laws and are not akin to Local State Acts or Regulations.

A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna observed that when there is contradiction and conflict in the CBSE Examination Bye-Laws and KVS Education Code, the former would prevail.

The court made the observations while upholding a single judge's order allowing a Class XI student of Kendriya Vidyalaya Shool (KVS) to be promoted based on marks obtained by him in Physical Education, an additional subject, instead of Mathematics, which he had failed to qualify.

Rejecting the challenge of KVS, the bench said that the KVS Education Code stipulates that there is no provision for substitution of marks of additional subject, in case a candidate fails to secure the minimum qualifying marks in any main subject.

“In the present case, once the marks scored by respondent no. 1 in Mathematics in Class XI is replaced with the marks scored by him in Physical Education in terms of the CBSE Examination Bye-Laws, then respondent no. 1 fulfills the criteria of having obtained 33% marks in each subject (individually, in the theory and practical components) as well as 33% marks in the aggregate. Therefore, the respondent no. 1 is held entitled for promotion to Class XII by applying the criteria as laid down in the CBSE Examination Bye-Laws,” the court said.

Furthermore, the bench underscored that there has to be uniformity amongst all the affiliated schools of CBSE in imparting education to students who appear in the examinations to be held by the Board.

“If each school is permitted to apply different criteria for internal examination in Class XI, then the uniformity and the objective of the CBSE in framing Bye-Laws for their applicability across all affiliated schools would be lost. The conduct of Class XI examination internally necessarily follow the same pattern and standard, as applicable to Class XII examinations conducted by the CBSE,” the court said.

Title: KENDRIYA VIDYALAYA THROUGH THE PRINCIPAL & ANR. v. ARYAN KUMAR THROUGH FATHER RAVINDER KUMAR & ANR.

Citation: 2023 LiveLaw (Del) 1293

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