Poonam Verma vs Central Board Of Secondary ...
1993 Latest Caselaw 236 Del

JUDGMENT

Vijender Jain, J.

(1) -RULE D.B.

(2) Since we have heard the parties at length, we propose to dispose of the petition at this stage itself.

(3) This is a petition filed by Miss Poonam Verma praying for issuance of appropriate writ or order to respondent-Central Board of Secondary Education (CBSE) to consider the petitioner as a candidate for All India Senior Secondary Certificate Examination with Sanskrit Elective as one subject and allow the petitioner to appear in Sanskrit Elective paper on 30/03/1993.

(4) Briefly slating the facts, the petitioner appeared in the All India Senior School Certificate Examination, conducted by Cbse for the year 1992as a regular student of Green Fields Public School. Delhi. She had Mathematics as one of the papers. She could not pass the examination and thus failed. The petitioner sought re-admission in the Green Fields School and opted for Sanskrit Elective in place of Mathematics. The case of the petitioner is that she moved an application for the change of subject from Mathematics to Sanskrit Elective on 13/07/1992, this application is stated to be given to the Principal of the school.

(5) That thereafter along with other students, the petitioner also filed the form for appearing in the Board examination for the year 1993 and she opted Sanskrit Elective as one of the papers. The said form was filled by the petitioner in the month of October, 1992. The sam same form was forwarded by the Green Field School to CBSE. The petitioner received the admission card in the last week of February, 1993 wherein the petitioner was asked to appear in Mathematics instead of Sanskrit Elective. The petitioner has challenged this action of the respondents.

(6) The stand taken by the Cbse before us is that the petitioner was not entitled to change her subject and further Green fields School was also not competent to accept the said change in the subject. Shri Anil Kumar,learned Counsel for Cbse appearing before us argued that no copy of the alleged application dated 13/07/1992 was marked to the school nor the same was forwarded by the school to CBSE. It was further stressed that one year study of Sanskrit does not entitle the petitioner to appear in the class-XII examination of the Central Board of Secondary Education as per the scheme of the Board. Shri Anil Kumar also stated that on receipt ofthe candidature of the petitioner in October/November, Cbse replied on 29/12/1992 declining to allow the petitioner to appear in the elective paper of Sanskrit as the same was not studied by her in Class-XI.We have seen the original application of the petitioner made to the Principal of Green Fields Public School dated 10/07/1992 for seeking re-admission in XIIth class in the commerce stream. On the sums date, i.e., on 12/07/1992, the Principal has signed wife the remark 'Allowed to repeat the class.'The father of the petitioner, it is stated, filed another application on13.2.1992 before the Principal of the school requesting her to permit change of subject Sanskrit in lieu of Mathematics. The receipt of this application is denied by the school. The petitioner has, however filed the copy of school notes containing school work which the petitioner has been doing as a student of Sanskrit class and it bears initials of the class teacher dated 20th July, 1992. Thereafter there are other initials of the class teacher on various dates. The school has also sent the list of the candidates to the CBSE in which the name of the- petitioner was mentioned with Sanskrit Elective subject. The Counsel for the school took the stand that Principalof the school was not aware of any such change from Mathematics to Sanskrit Elective by the petitioner and it was done by the class teacher in-charge without the knowledge of the Principal. We would not like to going to this controversy. It is sufficient for us that the petitioner has sought readmission in the school and has applied for change of subject and pursuant thereto has started attending the classes of Sanskrit subject. She has filed the form dealing her subject as Sanskrit. The school has also sent that form and the names of the candidates including the petitioner with subject to Sanskrit to the CBSE. The petitioner has all along been under the impression that she is going to appear for Sanskrit paper in her XIIth classexamination, it is contended it is all the fault of the class teacher but then why should a student suffer for contravention of any rule or bye law. One can hardly blame a student when she says she bad no knowledge of any rule or bye law not permitting change of the subject in XIIth class. The petitioner appears to have certainly been misled by the class teacher. We,therefore, do not find any justification in denying the petitioner the right to appear in the Sanskrit examination to be conducted on 30/03/1993,when for all the year round she has studied Sanskrit. No fault can be attributed to her. For the fault of the school teacher, she should not suffer.However, we do not think that such a case should become a precedent for any other similar case.

(7) The learned Counsel for Cbse also invited our attention to Rule 26 of Examination By-Laws framed by the Cbse which deals with the change in subject. Said rule reads as under :- "26. Rule for change in subject :-(i) No candidate shall be permitted to change his subject of study after passing class Ix and XI.(ii) The candidate shall not offer a subject in class X and XIIwhich he has not studied and passed in class Ix and XI.(iii) Notwithstanding anything contained in the rules, the Chairman shall have the powers to allow a candidate toappear in any subject, he thinks desirable under exceptional circumstances.

It would be clear from the above rule that even in certain circumstances,though termed exceptional the Chairman of the Cbse has the power to allow a candidate to appear in any subjects.

(8) We feel in the facts and circumstances of this case, we issue direction to the Cbse to allow the petitioner to take the Sanskrit examination of class-XII to be held on 30th March. 1993 by treating the same as her elective subject instead of Mathematics. There will be no order as tocosts.

(9) Rule is made absolute.