The Delhi High Court observed that educational institutions play a vital role in the educational ecosystem and therefore, must adhere to deadlines when notifications and deadlines are in unequivocal terms.

The Court held thus while directing CBSE to accommodate and allow class 10th and 12th students of a school to appear in the compartment and improvement exams.

The Court was hearing a Writ Petition filed seeking a direction for CBSE to allow students to appear for compartment and improvement exams by reopening the online portal for submission of details.

The bench of Justice Swarana Kanta Sharma observed, “…schools and educational institutions play vital roles in the educational ecosystem. 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.”

Senior Advocate Rakesh Kumar Khanna appeared for the Appellant and Standing Counsel Sanjay Khanna appeared for the Respondent.

Brief Facts-

The Central Board of Secondary Education (CBSE) declared the Class 10 and Class 12 results for the 2023-2024 academic session and invited applications for the students who were identified to sit for compartment exams, as well as for students wishing to reappear for improvement exams, with a submission deadline of June 15, 2024, and a late submission deadline of June 17, 2024. The petitioner-school failed to upload the student details within the stipulated time and therefore has approached the Court, seeking a direction for CBSE to allow its students to appear in the compartment and improvement exam on July 15, 2024, by reopening the online portal for submission of their details.

The Court relied on the decision of the Rajasthan High Court that permitted similarly placed students to appear in the supplementary examination to be conducted by the CBSE and directed 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 a similar fashion and to the same extent, as per the convenience of CBSE and in the manner deemed appropriate at its end, as in compliance with the orders of the High Court of Rajasthan.

However, the Court said that if the CBSE succeeds before the Hon’ble Division Bench and the direction passed by the Single Bench of the High Court of Rajasthan in the case of W.P.(C) 11491/2024 is set aside or stayed, the petitioner-school will not object to the 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 Court imposed a cost of ₹ 50,000/- on the petitioner while observing that the present case had to be filed due to sheer negligence of the petitioner-school itself which had put the future of their students at stake, with uncertainty looming large on their future.

Accordingly, the Court disposed of the Petition.

Cause Title: Bloom International School v. Central Board Of Secondary Education (Neutral Citation: 2024:DHC:5153)

Appearance:

Appellant: Sr. Adv. Rakesh Kumar Khanna, Adv. Pramod Kumar and Adv. Anurag Kasana

Respondent: SC Sanjay Khanna, Adv. Pragya Bhushan, Adv. Karandeep Singh and Adv. Tarandeep Singh

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