Order

Reportable

For convenience of exposition, this judgment is divided in the following parts: -

INDEX

(1) Factual Matrix ……………………………………………………..2

(2) Submissions by the Petitioner ………….…………………...3

(3) Submissions by the respondent-CBSE ....………………..4

(4) Analysis, Discussions & Findings ....………………………..5

(5) Conclusion & Directions ..…………………………………....10

Factual Matrix:-

1. The instant writ petition has been filed by the petitioner with the following prayer:-

“It is, therefore, respectfully prayed that your Lordships may pleased to accept and allow the Writ Petition and by an appropriate writ, order or direction:-

i) the mark sheet of All India Senior School Certificate Examination, 2013 dated 27.05.2017 (Annexure-7) as well as the letter dated 21.09.2017 (Annexure-10) issued by the CBSE may kindly be ordered to be quashed and set-aside. The respondents no. 1 & 2 may kindly be directed to conduct an enquiry in the matter and declare the petitioner pass in the Senior School Certificate Examination, 2013 and accordingly issue him the mark-sheet by declaring the petitioner pass in all the subjects;

ii) by an appropriate writ order or direction it may kindly be held that the petitioner rightly appeared in the compartment subject i.e. Chemistry of the AISSC Exam, 2013 and as he has been declared pass in the Chemistry Subject of the Exam, 2013 and he has been declared pass in other subjects of the Exam of 2012, therefore, the respondent Central Board of Secondary Education (CBSE) may kindly be directed to issue the mark-sheet to the petitioner by declaring him pass in the Senior School Certificate Examination;

ii) any other order or direction which this Hon'ble Court deems just and proper may also be passed in the facts and circumstances of the case.”

2. By way of filing this writ petition, a prayer has been made for issuing direction to the respondents to issue the correct Class-XII mark-sheet to the petitioner.

Submissions by the Petitioner:-

3. Learned counsel for the petitioner submits that the petitioner appeared in the All India Senior School Certificate Examination (for short “AISSC Examination”) in the year 2012, wherein he failed to pass the Chemistry subject. Thereafter, the petitioner appeared in the supplementary examination, but again he failed to pass in the said subject. Counsel submits that the petitioner intended to appear in the compartment examination for the said subject only i.e. Chemistry, however, on account of error on the part of the School i.e. the respondent No.3, while forwarding his examination form, instead of sending the form only for the Chemistry subject, the examination forms for all the five subjects, i.e., English Core, Physics, Chemistry, Mathematics and Physical Education were sent to the respondent-CBSE for examination of all the five subjects mentioned above. Counsel submits that the petitioner never intended to appear in the other four subjects, which he had already passed while appearing in the AISSC Examination, 2012. The petitioner’s sole intention was to appear in the Chemistry compartment examination only, having failed that subject both in the main and supplementary examination. Counsel submits that when the Admit Card was issued by the Board, it came into his notice that he has to appear in all the five subjects in the compartment examination. Thereafter, the petitioner raised an objection before the School in this regard, which, in turn, assured him that needful would be done at their

level and he was asked to appear in the Chemistry Compartment Examination only. Counsel submits that under the aforesaid assurance, the petitioner appeared in the Chemistry Subject only and thereafter, the school i.e. Respondent No.3 issued a Transfer Certificate reflecting the petitioner as “XII Passed”. Counsel submits that based on the aforesaid, the petitioner secured admission in the Bachelor of Technology Course (for short, “B.Tech”). He successfully completed the B.Tech. Course and later sought admission in the Mast