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2023 Supreme(Del) 5656

ANUP JAIRAM BHAMBHANI
Aryan Kumar (Minor) Through Father Ravinder Kumar – Appellant
Versus
Kendriya Vidyalaya – Respondent


Advocates appeared:
Ms. Pooja Dhar, Advocate and Ms. S. Ambica, Advocate, for the Appellant; Mr. S. Rajappa, Advocate and Mr. R. Gowrishankar, Advocate for R1 and R2.; Mr. Ashok Kumar, Advocate and Ms. Chhavi Arora, Advocate for R3.

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.

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