The court ruled that amendments to CBSE regulations impacting students must be adequately published to be enforceable, reinforcing the principle of legitimate expectation in administrative law.

JUDGMENT :

DEVENDRA KUMAR UPADHYAYA, C.J.

1. The appellant-Central Board of Secondary Education (hereinafter referred to as CBSE) being an instrumentality of State within the meaning of Article 12 of the Constitution of India [as held inJigya Yadav v. Central Board of Secondary Education& Others, (2021) 7 SCC 535], cannot be immune from judicial scrutiny of this Court under Article 226 of the Constitution of India as its actions are subject to part III of the Constitution of India. However, what we find in the facts of the present case is that by its action impugned in the proceedings of the writ petition before the learned Single Judge, CBSE sought to defeat the valuable rights of the respondent nos.1 to 17 (hereinafter referred to as ‘students’), causing not only serious prejudice to them, but also jeopardising their educational career.

As this judgment progresses, it would reveal as to how there is hardly any sustainable challenge to the learned Single Judge’s judgment (impugned judgment), which the CBSE can be said to make out in this intra-court appeal.

FACTS

2. Certain facts need to be noted:

2.1. For the purposes of conducting the examinations and admitting the students enrolled in the schools affiliated to CBSE, to the examinations conducted by it, Bye-Laws have been framed. These Bye-Laws are called Examination Bye-Laws of the CBSE and are effective from 31.01.1995. The Bye-Laws contain a specific provision in Clause 43(i), which permits a candidate, who has obtained minimum Grade ‘D’ in at least five subjects, to offer an additional subject as a private candidate provided that the additional subject is provided in the Scheme of Studies and is offered within six years of passing the examination of the Board. The Clause 43 of the Bye-Laws was amended in the year 2021 and the only change, which was affected in the existing Clause 43 was that the period of offering the additional subject was reduced to two years from six years of passing the examination of the Board. Clause 43 of the Bye-Laws is extracted hereunder:-

“43 Additional Subject(s)

(i) A candidate who has obtained minimum Grade D in at least five subjects (excluding the 6^th additional subject) under Scholastic Area A as per the Scheme of Studies and a Qualifying Certificate/Gradesheet cum Certificate of Performance at the Secondary School Examination/passed the Senior School Certificate Examination of the Board may offer an additional subject as a private candidate provided the additional subject is provided in the Scheme of Studies and is offered within six years of passing the examination of the Board. No exemption from time limit will be given after six years. Facility to appear in additional subject will be available at the main examination only.

(ii) However, candidates appearing in six subjects at the Senior School Certificate Examination having been declared ‘Pass’ by virtue of securing pass marks in five subjects, without replacement, may reappear in the failing sixth additional subject at the Compartment Examination to be held in July the same year, provided he/she had appeared at the examination held in March in the said additional subject.”

2.2. The Circular dated 16.03.2021, whereby the alteration in the period for offering the additional subject from six years to two years was circulated to all the Principals and Heads of institutions is extracted hereunder:-

To

All the Principals/Heads of Institutions

Affiliated Schools, CBSE

SUBJECT: PERIOD FOR APPEARING IN ADDITIONAL SUBJECT-