SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA AND MANOJ MISRA, JJ.
Basyaboina Tanish And Another - Appellant
Versus
Union Of India And Others - Respondent
Civil Appeal No. 68 of 2025 [@ SLP(C) No. 27235 of 2024]
Decided on : 02-01-2025
| Table of Content |
|---|
| 1. permitting repeat examination under sop. (Para 2) |
| 2. counsels' arguments for education rights. (Para 3) |
| 3. court's order for examination facilitation. (Para 4) |
| 4. conclusion and disposal of appeal. (Para 5) |
ORDER :
1. Leave granted.
2. This appeal is against the judgment and order passed by the High Court for the State of Telangana at Hyderabad dated 22-10-2024 disposing of the Writ Petition No.13242/2024 with the following directions:
9. Since this Court is not inclined to promote the petitioner No.1 to Class X without the petitioner NO.1 clearing the examinations of Class IX, W.P.No.13242 of 2024 is allowed and disposed of by permitting the petitioner No.2 to request the concerned school for availing of the exemptions for the petitioner No.1 in accordance with the SOP including Step III thereof, as showed to the Court.
10. The respondent No.3 school will process the request and permit the petitioner no.1 to repeat the Class IX examination in March 2025 (or on the day notified for such) with the exemptions which the petitioner No.1 is entitled to. The petitioner No.1 will pay the balance fees for writing the repeat examination. The respondent No.3-school will inform the petitioner No.2 of the fees which is to be paid as well as any other procedural formalities which the petitioners will have to comply with for the petitioner No.1 to appear for the repeat examination for Class IX."
3. Heard Mr. S. Rajappa, learned counsel appearing for the Kendriya Vidyalaya Sangathan, Ms. Pankhuri Shrivastava, learned counsel appearing for the Central Board of Secondary Education and Ms. Aishwarya Bhati, learned Additional Solicitor General, assisted the Court in the matter.
4. Having heard the matter in detail, we direct the Central Board of Secondary Education to extend all facilities necessary to the appellant No.1 to appear in the 9th Class examination, which is to be conducted as per the schedule.
5. With these directions, the Civil Appeal is disposed of.
The court affirmed the right of students with disabilities to reattempt examinations with necessary exemptions, ensuring adherence to educational standards and fairness.
A student has the right to appear for examinations without coercive attendance requirements, particularly considering potential harm from institutional conduct.
State must consider CBSE policy relaxations when relying on its circulars for admission eligibility.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.