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2023 Supreme(P&H) 164

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL, J.
Dimpalvir Singh – Petitioner
Versus
Union of India and Others – Respondents
CWP No. 17459 of 2023
Decided On : 01-09-2023

Advocates:
Advocate Appeared:
For the Petitioners: Krishan Singh Dadwal, Naresh Kumar, Akhil Dadwal.
For the Respondents: Beant Singh Seemar, Vivek Salathia.

The importance of accurate representation of subjects in academic certificates and the impact on students' future academic pursuits.

Headnote:

Biology - Education - Class-XII National Talent Search Examination 2021, CBSE - The court discussed the confusion arising from the misrepresentation of subjects in the Class-XII examination certificate and the subsequent request for correction. The court highlighted the petitioner's exceptional academic performance and the importance of Biology as a main subject for admission to medical courses. The judgment emphasized the school's mistake in forwarding incorrect information to CBSE and the prompt actions taken by the petitioner to rectify the error. The court allowed the petition and directed CBSE to issue a fresh certificate with Biology as the main subject and Mathematics as an additional subject.

Fact of the Case:

The petitioner, an outstanding student, excelled in Class-X and XII with exceptional performance. A dispute arose when the Class-XII examination certificate misrepresented Biology as an additional subject instead of a main subject.

Finding of the Court:

The court found that the petitioner was not at fault and would suffer irreparable loss if the certificate was not rectified. The prompt actions taken by the petitioner and the school's mistake in forwarding incorrect information were highlighted.

Issues: Misrepresentation of subjects in the Class-XII examination certificate, importance of Biology as a main subject for medical course admission, and the petitioner's prompt actions to rectify the error.

Ratio Decidendi: The court's decision was influenced by the petitioner's exceptional academic performance, the school's mistake in forwarding incorrect information, and the prompt actions taken by the petitioner to rectify the error.

Final Decision: The petition was allowed, and CBSE was directed to issue a fresh certificate with Biology as the main subject and Mathematics as an additional subject.

JUDGMENT :

VIKAS BAHL, J.

1. The present writ petition has been filed under Articles 226/227 of the Constitution of India for the issuance of an appropriate writ or order or direction especially in the nature of certiorari for quashing the letter/communication dated 01.08.2023 issued by respondent No. 2 (Annexure P-12), whereby the request of the petitioner to inter-change subject from Mathematics 041 to Biology 044 has been rejected.

2. The undisputed facts in the present case are that the petitioner had given the Secondary School Examination in the year 2021 and had cleared the same with exceptional performance and had scored Grade-A1 in all the subjects. Certificate annexed as Annexure P-1 (at Page 34 of the paper-book) would show that the petitioner had scored 100/100 marks in Science and Mathematics as well as in Computer Applications and had scored 99/100 in Social Science and 98/100 in Punjabi and English. A perusal of the certificate issued by the National Council of Educational Research and Training (at page 36 of the paper-book) would show that the petitioner had accomplished excellence in Class X National Talent Search Examination 2021 and was held eligible for award of scholarship.

3. The petitioner had opted for medical stream in Class-XI and the main subjects of the petitioner in Class-XI were Chemistry, Physics, Biology, English with the additional subject being Mathematics. The petitioner scored very high marks in Class XI as is apparent from the Annual Report Card issued by Cambridge International School (at page 35 of the paper-book). It is also apparent that the petitioner was pursuing ‘XI Medical A’ which was specifically mentioned in Column No. 3 of the said certificate. The petitioner after qualifying Class-XI was promoted to Class-XII and was pursuing his studies, when a checklist of the candidates was prepared by the school-respondent No. 6 for the purpose of registration of Class-XII examination to be held in the year 2023. In the said checklist, the school had mistakenly mentioned Mathematics as subject No. 2 and had Biology as subject No. 6 (additional subject), which fact is apparent from the document annexed as Annexure P-2. The mother of the petitioner had visited the school and brought the said mistake to the notice of the school and requested them to make the necessary corrections and it is an admitted fact between the parties that the said correction was made and Biology was shown as subject No. 2 and Mathematics as subject No. 6 (additional subject), which is apparent from the document dated 05.08.2022 (Annexure P-3).

4. The petitioner appeared in the Class-XII examinations and again performed exceedingly well by scoring 100/100 marks in Painting; 95/100 marks in Biology; 97/100 marks in Chemistry and Mathematics; 96/100 marks in Physics and 90/100 marks in English, however, a perusal of the result would show that Biology was mentioned as an additional subject, whereas, Biology was one of the main subjects opted by the petitioner and it is on account of the said mistake in the certificate (Annexure P-4) issued by the Central Board of Secondary Education (hereinafter referred to as ‘CBSE’) that a dispute arose, resulting in the filing of the present writ petition.

5. It is the case of the petitioner that he is desirous of pursuing medical stream and wants to become a Doctor like his parents and has been working very hard towards his goal. Learned counsel for the petitioner has submitted that there is no fault or mistake on the petitioner’s part and in case the certificate issued by CBSE mentioning Biology as an additional subject is not rectified, since Biology was one of the main subjects opted by the petitioner, then the petitioner would suffer irreparable loss inasmuch as several Universities mandate Biology as a compulsory subject for the purpose of admission in the course of MBBS.

6. Learned counsel for the petitioner has further submitted that immediately after the result was declared, the petit

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