Allahabad High Court
Anushka Mishra vs Union Of India And 3 Others on 30 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:99461
Court No. - 10
Case :- WRIT - C No. - 18964 of 2024
Petitioner :- Anushka Mishra
Respondent :- Union Of India And 3 Others
Counsel for Petitioner :- Amit Krishna,Mihir Ghosh Roy
Counsel for Respondent :- A.S.G.I.,Narendra Pratap Singh
Hon'ble Manjive Shukla,J.
1. Heard learned counsel appearing for the petitioner, learned counsel appearing for Respondent No. 1 and Sri Uma Dutt Shukla Advocate holding brief of Sri Narendra Pratap Singh, learned counsel appearing for Respondents No. 2, 3 & 4.
2. It has been contended on behalf of the petitioner that she has appeared in the examination of Class-XI at Kendriya Vidyalaya, Naini, Prayagraj. Petitioner's elected subjects are Hindi, English, Physics, Chemistry, Biology and subject of Physical Education is an additional subject.
3. It has further been contended that petitioner appeared in the examination of Class-XI and has secured passing marks in all her elected subjects except the subject of Chemistry. Petitioner has also secured passing marks in additional subject i.e. Physical Education.
4. Learned counsel appearing for the petitioner has argued that since petitioner could not secure passing marks in one of the elected subjects and further she could not pass the said subject even in the compartment Examination, she has been declared fail. He further argues that if it is permitted that the additional subject i.e. subject of Physical Education may be treated as her elective subject then she can be declared pass.
5. Learned counsel appearing for the petitioner has placed reliance on the Examination bye-laws issued by the Central Board of Secondary Education, Delhi and has submitted that Clause 40.1 (iv)(b) provides that the elective subject can be replaced by the additional subject.
6. Learned counsel appearing for the petitioner also relies on judgment dated 06.11.2023 rendered by the High Court of Delhi in Writ Petition (C) No. 10836 of 2023 (Aryan Kumar (Minor) Vs. Kendriya Vidyalaya & Ors.) wherein relying on the aforesaid bye-laws of the Central Board of Secondary Education candidate has been declared pass taking into account the marks obtained by him in his additional subject.
7. Learned counsel appearing for the petitioner has thus submitted that a direction may be issued to Respondent No. 2 to consider and decide the petitioner's case sympathetically keeping in view the aforesaid bye-laws and the judgment of the Delhi High Court.
8. On the other hand Sri Narendra Pratap Singh, learned counsel appearing for the Respondents No. 2, 3 & 4 has opposed the writ petition but he could not give any satisfactory reply in respect of the aforementioned bye-laws issued by the Central Board of Secondary Education, New Delhi and the judgment rendered by the Delhi High Court.
9. In view of the aforesaid submissions, this writ petition is finally disposed of with liberty to petitioner to file a comprehensive representation annexing therewith the bye-laws and the judgment rendered by the Delhi High Court, before Respondent No. 2 within a period one week from today and if such representation is filed, Respondent No. 2 is commanded to consider and decide the said representation by passing speaking and reasoned order within a period of three weeks thereafter.
Order Date :- 30.5.2024
Gaurav
