Delhi High Court
Smriti Sharma Thr Her Natural ... vs Management Of Vivekanand School ... on 8 January, 2010
Author: G. S. Sistani
1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11467/2009
SMRITI SHARMA THR. HER NATURAL
GUARDIAN(FATHER) SH. DELIP SHARMA ..... Petitioner
Through: Ms.Suman Kapoor, Advocate
versus
MANAGEMENT OF VIVEKANAND SCHOOL & ORS. .... Respondent
Through: Ms.Anju Bhattacharya, Adv. for R-4.
Mr.Atul Kumar, Adv. for respondent 3.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
ORDER
% 08.01.2010
1. Petitioner is student of Vivekanand School and had appeared in
class 11th examination which was held in March, 2009. The
petitioner had obtained (in mathematics) 2.5 marks out of 25 in
Class Test No.2; 6 marks out of 25 in Class Test No.3; and 39
marks out of 100 in the annual examination. Similarly in the
examination „business studies‟ she had obtained 3.5 marks out
of 25 in Class Test No.2; 8 marks out of 25 in Class Test No.3;
and 36.5 marks out of 90 in the annual examination. The
school did not promote the petitioner but was asked to appear
in the compartment examination for mathematics and business
studies. Unfortunately in the compartment examination,
petitioner did not secure 33% i.e. passing marks and secured
only 23.63% marks in both the subjects - mathematics and
business studies - respectively.
2. Aggrieved by not being promoted to class 12th, petitioner has
filed the present petition on the ground that school while
calculating the result of the petitioner had not followed the
directives of Directorate of Education and had forced the
W.P. (C) 11467/2009 Page 1
petitioner to sit in the compartment examination.
3. Counsel for petitioner relies upon instructions regarding
assessment, evaluation and promotion of students from one
class to another (class 1 to 9 and 11) and submits that school is
entitled to conduct three tests in all for the purposes of
promotion of the children from one class to another and the
weightage to be given in the first test is 10%, in the second test
15% and in the comprehensive test 75% as per rule 6 of
Promotion Rules. She further submits that as per rule 29 in
order to be declared "passed" at the end of the session a
student must secure at least 33% marks in each of the subjects
studied by him/her during the session, subject to condition that
he/she must secure 33% marks separately in theory and
practical. Rules 6 and 29 is reproduced below:
"6. The relative weightage of the marks in the tests in each subject shall
be as under:
(a) No written test shall be conducted in pre-primary classes and class 1
except to test writing skill and in class II and III tests in all the subjects
shall be partly oral and partly written.
(b) CLASSES IV TO IX AND XI
TEST MARKS
WEIGHTAGE
IV TO VIIII IX XI
Th. Pr. Tl. Th. Pr. Tl. Th. Pr. Tl.
1st Test 40 00 40 40 00 40 40 00 40 10%
2nd Test 40 20 60 40 20 60 40 20 60 15%
Compre- 60 15 75 60 15 75 60 15 75 75%
hensive
test
Total 140 35 175 140 35 175 140 35 175 100%
Marks obtained in Ist and 2nd tests, in theory and practicals separately
wherever applicable, shall be converted into 10% and 15% respectively
for obtaining the weightage allotted to them. No such conversation shall
be required for the comprehensive test since the number of marks and
weightage percentage allotted to it is the same i.e. 75.
In subjects where practical work has not been prescribed, the total marks
allotted shall be for theory only.
29. PROMOTION RULES FOR CLASSES IV TO IX & XI
In order to be declared "passed" at the end of the session, a student
must secure at least 33% in each of the following subjects studied by
him/ her during the session subject to the condition that he/she secured
33% marks separately in theory and practical portions also. The
W.P. (C) 11467/2009 Page 2
promotion is also subject to the condition that a minimum of 25% of
marks should be secured in the comprehensive test in computing 33% of
the marks, the benefit of a fraction will go to the credit of the student
and such a student shall be declared "passed" and he/she shall be
promoted to the next higher class:-
Provided that classes IV to VIII, a student will have to obtain a minimum
of 25% marks in the third language in order to get promoted.
Provided further that in Class IX a student will have to obtain the
required passing marks in any two or the three languages in order to get
promoted."
4. Counsel for petitioner has also relied upon a notification dated
25.7.2005 "Concept of Unit Test Introduced", as per which
Directorate of Education has laid stress on the need for holding
unit test on every Monday of the week in the first period
regularly with a view to provide students regular practice of
learning and revision of the course studied. As per the
notification stress was laid that the marks obtained by the
student is to be recorded in the teachers‟ diary & thereafter
uploaded on the website and information should be sent to
parents as well. The Deputy Directors of Education/ Education
Officers were directed to inspect the record on their visits to
their respective schools.
5. Counsel for petitioner further submits that in addition, a student
is also entitled to 5 grace marks in each subject.
6. Counsel for the respondents have opposed the petition. Counsel
for the respondent seeks to rely on a notification issued by the
Directorate of Education dated 15.12.2003 whereby a
continuous and comprehensive evolution plan was introduced.
The aim of this notification was to ensure that children are
assessed on regular basis rather than on the basis of annual
and half yearly examination. Further aim of this notification
was to encourage the students in memorizing based on the
W.P. (C) 11467/2009 Page 3
habit of understanding the test material rather than cramming.
Under this scheme 4 examinations were to be conducted in a
year for the students from class 3 to 11 in addition to the
routine three terminal tests; and that each of the examination
was to cover 1/4th of the syllabus to be taught in the quarter.
Counsel also submits that the school has been following
continuous and comprehensive evaluation plan and further as
per the school diary cycle test is to be conducted regularly.
7. Counsel for Directorate of Education submits that petitioner has
failed to obtain 33% marks in the entire year in both subjects
(mathematics and business studies), besides that this question
cannot be gone into by this Court in view of the fact that
petitioner had appeared for compartment examination which
was also not cleared by her. The Directorate of Education relies
on counter affidavit filed, according to which complaint made by
father of the petitioner was received by Directorate of
Education and a copy thereof was forwarded to the School and
reply was sought from the School. As per the counter affidavit
the complaint of the petitioner was examined by the
Department and found that there is no violation of any rules
and regulations as alleged by the petitioner. It is contended
that since the petitioner was permitted to appear in the
compartment examination, she would not be entitled to grace
marks.
8. Mr.Atul Kumar, advocate for respondent No.3 submits that
according to the CBSE Rules a student must obtain 33% marks
in each subject as well as aggregate to be entitled for
promotion in the next class. It is submitted that as the
W.P. (C) 11467/2009 Page 4
petitioner has failed to secure the minimum 33% marks, she is
not entitled for promotion.
9. Counsel for petitioner in response to this submission made by
counsel for respondent - CBSE submits that calculation on
record would show that petitioner has obtained more than 33%.
10. I have heard counsel for the parties and also perused the
records of this case. The mark sheet of the petitioner, which is
placed on record, shows that the petitioner does not qualify the
basic criteria which has been laid down by the Directorate of
Education as well as CBSE in their Rules. Even otherwise, the
petitioner had appeared in the compartment examination which
she was unable to qualify. The school could have either
granted grace marks or granted permission to the petitioner to
appear in the compartment examination. At that stage, the
petitioner did not raise any objection and decided to take the
compartment examination.
11. Based on the complaint filed by the petitioner, the Directorate
of Education considered the same and found that there was no
merit in the complaint and observed as below:-
Subject : Complaint against unaided private schools.
This is with reference to the complaint dated
15/06/2009 of Mr.Dilip Sharma addressed to Hon‟ble Union
Minister, Ministry of Resource Development received
through office of Minister of Transport and Education after
having been forwarded by PGC Cell of Hon‟ble C.M. of Delhi.
The complaint is regarding non-observance of class
promotional rules of the Directorate of Education by
Vivekananda School, B Block, Anand Vihar, Delhi allegedly
because of reducing a number of students in Class X and XII
for limiting students in these classes as per CBSE guidelines
so that the CBSE may not know the violation of guidelines
committed by the said school.
W.P. (C) 11467/2009 Page 5
The undersigned has taken up the matter with the
school concerned. The reply of the school is as under:
In terms of instructions issued vide dte.of edu. Sch.br
No.F.DE/Sch/Promotion rules/9/2001/18663-20963 dated
8/9/2001 relating to promotion of students from one class to
the next, instruction no.29 states that a student who has
secured 33% marks in each subject, both theory & practical,
separately & also has obtained 25% marks in each subject
in the annual examination will be declared "passed".
Instruction No.32, relating to compartmental Exam
states that a student who has not "passed" as per criteria of
inst.No.29 above, will be eligible for appearing at
compartmental Exam in case he has obtained 20% marks in
one failing subject (class XI) & in not more than two failing
subjects in class IV to IX or if she has obtained 15% marks
in failing subject(s), she should have obtained 40% marks in
the aggregate in the remaining subjects.
Marks obtained by Ms.Smriti Sharma daughter of
Sh.Dilip Sharma, Class XI-G during the session 2008-2009
are as under:-
Subject Total Marks Percentage
Marks Obtained of marks
obtained
English 275 102 37.09%
Accountancy 275 91 33.09%
Maths 275 65 23.63%
Business 275 65 23.63%
studies
Economics 275 91 33.09%
It is clear that in terms of instruction no.29 read
with instruction 31 & 35 she could neither be declared
"passed" or "promoted" to the next class.
There is no provision in the instructions for giving
special consideration to sports persons as demanded by
the complainant".
11. Having not secured 33 marks in the aggregate, the petitioner
could not have been considered for promotion in the next year.
Accordingly, no grounds are made out in the writ petition. Dismissed.
G.S. SISTANI, J.
January 08, 2010
'ssn'
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