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2023 Supreme(Online)(DEL) 12591
DELHI HIGH COURT
KENDRIYA VIDYALAYA THROUGH THE PRINCIPAL & ANR. – Appellant
Versus
ARYAN KUMAR THROUGH FATHER RAVINDER KUMAR & ANR. – Respondent
LPA-816_2023
The CBSE Examination Bye-Laws, which allow for the substitution of marks in certain circumstances, prevail over the KVS Education Code in determining promotion criteria for Class XI to Class XII in Kendriya Vidyalaya Schools.
Headnote:
CBSE EXAMINATION BYE-LAWS - PROMOTION FROM CLASS XI TO CLASS XII - APPLICABILITY - [CBSE Examination Bye-Laws, Rule 40.01; KVS Education Code, Article 106]
Fact of the Case:
The respondent, a student of Kendriya Vidyalaya, failed to secure the minimum qualifying marks in Mathematics in Class XI. He sought to replace his Mathematics marks with his Physical Education marks, in which he had obtained qualifying marks, as per CBSE Examination Bye-Laws, Rule 40.01. However, the school, governed by the KVS Education Code, Article 106, which required passing in all five main subjects, refused to promote him.
Finding of the Court:
The Court held that the CBSE Examination Bye-Laws, which allow for the substitution of marks in certain circumstances, would prevail over the KVS Education Code in this case. The Court reasoned that Class XI and Class XII were a composite course and that there should be uniformity in the promotion criteria for both classes. The Court also noted that the CBSE Examination Bye-Laws had the force of law and were binding on affiliated schools.
Issues: Whether the CBSE Examination Bye-Laws or the KVS Education Code would apply for promotion to Class XII from Class XI in Kendriya Vidyalaya Schools.
Ratio Decidendi: The Court held that the CBSE Examination Bye-Laws, Rule 40.01, which allows for the substitution of marks in certain circumstances, would prevail over the KVS Education Code, Article 106, in this case. The Court reasoned that Class XI and Class XII were a composite course and that there should be uniformity in the promotion criteria for both classes. The Court also noted that the CBSE Examination Bye-Laws had the force of law and were binding on affiliated schools.
Final Decision: The Court dismissed the appeal and held that the respondent was entitled to be promoted to Class XII.
LPA 816/2023 Page 1 of 14
$~43
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+
LPA 816/2023, CAV 637/2023 & CM APPL. 64416-64418/2023
KENDRIYA VIDYALAYA THROUGH THE PRINCIPAL
& ANR.
..... Appellants
Through:
Mr. S. Rajappa, Advocate
versus
ARYAN KUMAR THROUGH FATHER RAVINDER KUMAR
& ANR.
..... Respondents
Through:
Ms. Pooja Dhar and Mr. S. Ambica,
Advocates for R-1.
Mr. Ashok Kumar and Ms. Chhavi
Arora, Advocates for R-2
%
Date of Decision: 13th December, 2023
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MINI PUSHKARNA
J U D G M E N T
MINI PUSHKARNA, J: (ORAL)
1.
The present appeal has been filed challenging the judgment dated 6th
November, 2023 passed by the learned Single Judge in W.P.(C) 10836/2023.
By the impugned judgment, the leaned Single Judge allowed the writ
petition filed on behalf of the respondent no.1, thereby holding that the
respondent no. 1 has fulfilled the pass criteria for Class XI and is eligible to
be promoted to Class XII at the Kendriya Vidyalaya School, Sector-12,
Dwarka.
2.
Brief facts of the case that are material for deciding the present appeal
are as follows:
Digitally Signed By:CHARU
CHAUDHARY
Signing Date:15.12.2023
10:51:55
Signature Not Verified
LPA 816/2023 Page 2 of 14
2.1
The respondent no.1 being a student of appellant no. 1/School i.e.
Kendriya Vidyalaya School, Sector-12, Dwarka, New Delhi-110078 opted
for English, Business Studies, Accountancy, Economics and Mathematics as
his five „main subjects‟. In addition to that, the respondent no.1 also opted
for Physical Education as an „additional subject‟.
2.2
The appellant no.1/school is affiliated to the Central Board of
Secondary Education (“CBSE”). Since respondent no. 1 obtained less than
33% marks in Mathematics, which are the minimum marks a student must
obtain in order to qualify, he was required to take a supplementary
examination in that subject. However, even in the supplementary
examination held on 19th April, 2023, he was unable to secure 33% marks.
Accordingly, the School declared him as an „essential repeat‟ on 29th April,
2023, that is to say, he was asked to repeat Class XI.
2.3
Subsequently, father of the respondent no. 1 addressed a
representation dated 20th July, 2023 to the Principal of the appellant no.
1/School, wherein he requested the School not to take into consideration the
marks obtained by the respondent no. 1 in Mathematics. It was submitted
that the respondent no. 1 was entitled to replace the subject of Mathematics
with Physical Education, since he had obtained more than 33% marks in
Physical Education. As the respondent no.1 obtained more than 33% in the
remaining five subjects and his aggregate percentage in the other five
subjects came to a total of 43.6%, it was requested that the respondent no.1
should not be detained as per the provisions of the CBSE Examination Bye-
Laws. Since no response was received from the appellant no.1/School,
respondent no. 1 filed writ petition being W.P.(C) 10836/2023.
Digitally Signed By:CHARU
CHAUDHARY
Signing Date:15.12.2023
10:51:55
Signature Not Verified
LPA 816/2023 Page 3 of 14
2.4
By the impugned judgment dated 6th November, 2023, the learned
Single Judge allowed the writ petition filed by respondent no.1, thereby
holding that the respondent no. 1 was entitled to be promoted in terms of the
CBSE Examination Bye-Laws. Hence, the present appeal has been filed.
3. On behalf of the appellants, following contentions have been raised:
3.1
The appellant no.1/School is governed and controlled by the
Kendriya Vid
