Delhi High Court
Shivam Sharma vs The Directorate Of Education & ... on 26 September, 2013
Author: V. K. Jain
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 26.09.2013
+ W.P.(C) 4187/2013 & CM 12972/2013
SHIVAM SHARMA
..... Petitioner
Through: Mr. Lal Singh Thakur, Adv.
versus
THE DIRECTORATE OF EDUCATION & ANR.
..... Respondent
Through: Mr. Vineet Mehta, Adv. for R-2
Ms. Bandana Shukla for Ms.
Ruchi Sindwani, Advs. for R-1
CORAM:
HON'BLE MR. JUSTICE V.K. JAIN
V.K. JAIN, J. (ORAL)
The petitioner was studying in Vivekanand Public School and
appeared in various units and other examinations in the aforesaid class.
As per the final report card, he obtained 36.9 percent marks in English,
4.9 marks in mathematics, 30.3 marks in Economics, 31.1 marks in the
Business Studies and 35.4 percent in Accountancy. The petitioner had
also opted Physical Education as an additional subject and he got grade-
B in the aforesaid subject. Since the petitioner was not promoted to class
-XII, he is before this Court by way this writ petition, seeking a
direction to the respondent no.2 Vivekanand Public School to admit him
in class-XII and allow him to attend the class XII during the rest of the
academic session. He is also seeking a direction to allow him to attend
classes of intermediate.
2. Clause 2.5(iv) of Pass Criteria of CBSE and Rules 29 and 32 of
Promotion Rules notified by Directorate of Education which are relevant
for the purpose of deciding this writ petition read as under:
"Clause 2.5(iv) of pass criteria of CBSE Sr.
School curriculum 2009:- Candidates offering
additional subjects norms mentioned under
Clause 2.5(iv) of pass criteria of CBSE Sr.
School curriculum 2009 are being followed:
a. A language offered as an additional subject
may replace a language in the event of a
candidate failing in the same provided after
replacement the candidates has Eng/Hindi
as one of the languages.
b. An elective subject offered as an additional
subject may replace one of the elective
subjects offered by the candidate it may
also replace a language provided after
replacement that candidate has Eng/Hindi
as one of the languages.
c. Additional language offered an elective
level may replace elective subjects
provided after replacement the no. of
languages offered shall not exceed two.
Rule 29 of Promotion Rules for class XI:-
"In order to declare pass, a student must
secure must 33% marks in each of the
subject studied by him/ her subject to the
condition that:-
1. The student should secure 33% marks in
each of the following subjects :-
1. Language (Core/ Elective)
2,3,4 and 5 any four subjects under any
stream which may include language as
well.
2. He/she secures 33% marks separately in
theory and practical portion.
3. The promotion is also subject to the
condition that a minimum of 25% marks
should be secured in the comprehensive
test i.e. annual".
Rule 32 of Promotion Rules for Class XI:
Compartmental Examinations:
A student who has appeared in
comprehensive exam but is not eligible for
promotion to next class is eligible for
appearing in the compartmental
examination provided:
1. He/ she has secured at least 20% marks
in 1 failing subject i.e. (20 or more out
of 100) or in case the candidate gets at
least 15% of marks in one failing
subject (i.e. cases where marks are >=15
but <20) and 40% marks in aggregate in
the remaining subjects, he/ she is also
eligible for appearing in compartmental
examination.
2. For practical subjects, the rule is
generally interpreted as follows (as per
CBSE norms)-
a. If a student has failed in theory,
compartment is given in theory only.
b. If a student has failed in practical, he/
she has to appear both in theory and
practical."
3. It would thus be seen that the benefit of grace marks under Rule
35 of the Promotion Rules can be claimed if the student has obtained
minimum of 25% marks in each of the subjects at the comprehensive
test as per Rule 29. A perusal of Rule 29 would show that
comprehensive test means the annual test. In my opinion, annual
comprehensive test would comprise the marks of Unit-1 half yearly
examination, the other two units as well as the final examination, and
only the final examination does not constitute the annual comprehensive
test. If we look at the report card of the petitioner, it would be noticed
that in mathematics he obtained 4.9% marks, at the annual test.
Therefore, in terms of Rule 35 of the Promotion Rules, he is not entitled
to any grace marks.
4. The contention of the learned counsel for the petitioner, however,
is that it is only the marks obtained in the final examination which have
to be seen for the purpose of deciding whether a person has obtained
25% marks in all the subjects in terms of Rule 29 of the Promotion
Rules or not. Though I am unable to agree with the learned counsel for
the petitioner, even if his marks in mathematics in the final examination
is seen, it would be noticed that he does not have 25% marks in
mathematics even in the final examination.
5. The learned counsel for the petitioner also submits that since
under Clause 2.5(iv), the petitioner is entitled to replace any subject by
the additional subject opted by him, the petitioner should be allowed to
replace mathematics by Physical Education and if that is done, he would
be entitled to grace marks since he has obtained Grade-B in Physical
Education. I, however, find no merit in the contention. The language of
Rule 29 of the Promotion Rules is wholly unambiguous and does not
admit of the interpretation suggested by the learned counsel for the
petitioner. What has to be seen is whether the candidate obtained at least
25% marks in each of the subject for which he appeared in the
examination or not. No subject in which the candidate has taken
examination can be excluded for the purpose of Rule 35 of the
Promotion Rules. Therefore, the marks obtained by the petitioner in
mathematics cannot be kept aside for the purpose of determining his
eligibility in terms of Rule 35 of the Promotion Rules.
Since the petitioner did not obtain a minimum of 25% marks in
mathematics, he certainly is not entitled to grace marks in terms of Rule
35.
6. Since the petitioner is not entitled to grace marks, he having failed
in as many as four subjects, he cannot be promoted to Class XII. The
writ petition is devoid of any merit and is hereby dismissed.
There shall be no orders as to costs.
V.K. JAIN, J
SEPTEMBER 26, 2013/rd
