The main legal point established in the judgment is that the rules mandating pass in all subjects in Class XI for promotion to Class XII were found to be mandatory and not discriminatory, thereby upholding the importance of adhering to prescribed norms for maintaining proper standards of education.

JUDGMENT

(Prayers:- Appeal under Clause 15 of the Letters Patent against the order dated 27.04.2023 passed in W.P. No. 12977 of 2023 by the learned Single Judge.

Appeal under Clause 15 of the Letters Patent against the order dated 27.04.2023 passed in W.P. No. 11590 of 2023 by the learned Single Judge.

Appeal under Clause 15 of the Letters Patent against the order dated 27.04.2023 passed in W.P. No. 12979 of 2023 by the learned Single Judge.

Appeal under Clause 15 of the Letters Patent against the order dated 27.04.2023 passed in W.P. No. 12971 of 2023 by the learned Single Judge.

Appeal under Clause 15 of the Letters Patent against the order dated 27.04.2023 passed in W.P. No. 12981 of 2023 by the learned Single Judge.

Appeal under Clause 15 of the Letters Patent against the order dated 27.04.2023 passed in W.P. No. 12981 of 2023 by the learned Single Judge.

Appeal under Clause 15 of the Letters Patent against the order dated 27.04.2023 passed in W.P. No. 13481 of 2023 by the learned Single Judge.

Appeal under Clause 15 of the Letters Patent against the order dated 27.04.2023 passed in W.P. No. 12985 of 2023 by the learned Single Judge.)

Common judgment

P.D. Audikesavalu, J.

1. These intra-Court appeals invoking Clause 15 of the Letters Patent, 1865, arise out of the common order dated 27.04.2023 in W.P. Nos. 13481, 11590, 12971, 12977, 12979, 12981, 12982 and 12985 of 2023 passed by the Learned Single Judge of this Court.

2. The parties are hereinafter referred as per their description in the said Writ Petitions for the sake of clarity and convenience.

3. The Petitioners had joined as students in Class XI for the academic year 2022-2023 in the schools at Ashok Nagar and Anna Nagar in Chennai City of Kendriya Vidyalaya Sangathan, which are governed by the Central Board Secondary Education (hereinafter referred to as ''CBSE'' for short) pattern of School Education. Clause 7.5 of Bye-Laws of CBSE stipulates that admission to Class XII in a school shall be open to such a student, who has completed a regular course of study for Class XI and has passed Class XI examination from an institution affiliated to CBSE. In Clause 40.2(ii) of Examination Bye-Laws of CBSE, as amended in the notification dated 29.11.2016, it has been prescribed as follows:-

“A candidate failing in one of the five subjects of external examination at Class XI shall be placed in Compartment in that subject provided he/she qualifies in all the subjects of internal assessment.”

Kendriya Vidyalaya Sangathan had by letter in F.110362/02/2017- 18/KVS(Acad)/CBSE Result dated 05.06.2018 conveyed the decision taken in the 109th meeting of its Board of Governors held on 06.03.2018 amending Article 105 and 106 of the Examination and Promotion Rules of the Education Code, in which it has been provided as follows:-

“Class XI

1. The qualifying marks in each subject of external examination shall be 33%. However, in a subject involving practical/project work, a candidate must obtain 33% marks in the practical/project separately in addition to 33% marks in aggregate, in order to qualify in that subject.

2. In order to be declared as having passed the Class XI Examination, a candidate shall obtain 33% marks in all the subjects (without additional subject). The pass marks in each subject of examination shall be 33%. In case of subject involving practical/project work a candidate must obtain 33% in practical/project separately in additional to 33% marks in aggregate in order to qualify in that subject.

3. A candidate failing in one of the five subjects of examination at Class XI shall be placed in Compartment in that subject provided he/she qualifies in all the subjects of internal assessment (As per CBSE Examination Byelaws Notification dated 29.11.2016 regarding Additions/ Amendments in Examination Bye-Law