IMPORTANT POINT
In case of conflict, CBSE Bye-Laws prevail over KVS Education Code, and the court interpreted and applied Bye-Law 40.1 to allow the substitution of subjects for promotion.

JUDGMENT

Anup Jairam Bhambhani, J. - By way of the present petition filed under Article 226 of the Constitution of India, the petitioner, who is about 17 years of age and a student of Class-XI at respondent No.1/Kendriya Vidyalaya, Sector-12, Dwarka, New Delhi Branch ("respondent school"), seeks a writ in the nature of mandamus or an appropriate writ, order or direction, directing the respondent school to promote him to Class-XII, by taking into consideration the marks secured by him in Physical Education in the Class-XI Examinations instead of his marks in Mathematics, which (latter) subject he has failed to qualify.

2. Respondent No. 2 is the Kendriya Vidyalaya Sangathan (KVS), which is a body under the Ministry of Education, Government of India, that governs and controls the respondent school; and respondent No. 3 is the Central Board of Secondary Education (CBSE), which is the body that inter-alia conducts public examinations for Class-X and Class-XII based on a common curriculum. It is the curriculum and Bye-Laws of the CBSE that are in contention in the present matter.

3. To have their students sit the examinations conducted by the CBSE, a school requires to be affiliated to the CBSE. It is the admitted position that the respondent school is affiliated to the CBSE and therefore CBSE Bye-Laws are applicable to that school, as detailed hereinafter.

4. Notice on this petition was issued on 16.08.2023; whereupon counteraffidavit dated 17.09.2023 has been filed by the respondent school and KVS. A short counter-affidavit dated 03.10.2023 has also been filed by the CBSE. Written submissions have also been filed on behalf of the petitioner and the respondent school.

Brief Facts

5. In Class-XI the petitioner opted for English, Business Studies, Accountancy, Economics and Mathematics as his 05 main subjects. In addition to that, the petitioner opted for Physical Education as an additional subject. In March 2023 the petitioner sat his final examinations for Class-XI and as per the results declared on 28.03.2023, he has obtained the following marks :

6. It may be stated here for clarity, that as per the rules of the CBSE, as detailed hereinafter, if a subject involves a theory and practical / project paper, to be able to qualify, a student must obtain atleast 33% marks in each of the theory and practical / project papers as also 33% marks in the aggregate.

7. The breakup of marks that the petitioner got in the initial and supplementary examinations in Mathematics are as follows :

8. Since the petitioner obtained less than 33% marks in Mathematics, he was required to take a supplementary examination in that subject. However, even in the supplementary examination held on 19.04.2023, he was unable to secure 33% marks, and the school accordingly declared him as an essential repeat on 29.04.2023, that is to say, he has been asked to repeat Class-XI.

9. However, in the additional subject, i.e. Physical Education the petitioner scored the following marks :

10. The essential contention raised on behalf of the petitioner is that since the school is affiliated to the CBSE, it is bound by the CBSE Examination Bye-Laws, 1995 (CBSE Examination Bye-Laws); and that as per the CBSE Examination Bye-Laws, the petitioner is allowed to substitute the marks secured by him in Physical Education in plac