Delhi High Court
Vishaka Through Natural Gaurdian ... vs Central Board Of Secondary ... on 18 August, 2020
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 18th August, 2020
+ LPA 208/2020 & C.M.No.19343/2020 (addl. relief)
VISHAKA THROUGH: NATURAL
GUARDIAN SHYAM SINGH ..... Appellant
Through: Mr. Rajesh Pathak, Adv.
Versus
CENTRAL BOARD OF
SECONDARY EDUCATION & ANR. ..... Respondents
Through: Mr. Amit Bansal, Adv. with Ms.
Seema Dolo, Adv. for R-1.
Mr. Pramod Gupta, Adv. with Ms. Janhavee Joshi,
Adv. for R-2.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
: D. N. Patel, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
C.M.No.19344/2020 (exemptions)
For the reasons stated in the application and in view of the present
prevailing situation, the present application is allowed. However, the
applicant is directed to file the requisite Court fee within a period of 72
hours from the date of resumption of regular functioning of the Court.
The application is disposed of.
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:19.08.2020
10:54:33
LPA 208/2020 & C.M.No.19343/2020(addl. relief)
1. This appeal has been preferred by the original petitioner whose writ
petition being W.P.(C) No.2454/2020 was dismissed by the learned Single
Judge vide judgment and order dated 4th March, 2020 (Annexure A-1 to the
memo of this appeal). The prayers in the said writ petition read as under:-
"a. Direct the respondent no. 1 to register her in CBSE and
further to direct the respondent no. 2 to consider the
petitioner for re-admission in class IX for the academic
session 2019-2020 in S. D. Public School, Patel Nagar,
Delhi and appear in the exam.
b. pass such further or other orders which this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case in the interest of justice."
2. Having heard the learned counsel for the parties and looking to the
facts and circumstances of the case, it appears that this appellant preferred
W.P.(C) No.2454/2020 for getting admission in Class-IX of S.D.Public
School, Patel Nagar, New Delhi in the academic session 2019-20 and for
appearing in the examination.
3. The petitioner had to discontinue her education in the said school
sometime in October 2019 due to non-payment of fees. The petitioner's
father had filed an earlier writ petition, being W.P.(C) 7877/2019 in this
regard. It appears that despite indulgence shown by the learned Single Judge
by granting interim orders whereby the installments were granted for the
payment of the fees, the appellant's father had not paid the fees. As a result,
the admission of appellant for the academic session 2019-20 in Class-IX was
discontinued by the aforesaid school. The said academic session is also now
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:19.08.2020
10:54:33
over.
4. Now this appellant is again seeking admission in Class-IX for the
academic session 2019-20 which is not permissible in the eyes of law.
Paragraphs 7 and 8 of impugned order passed by the learned Single Judge
while finally disposing of the writ petition reads as under:-
"7. I must also indicate that in the instant writ petition, all
orders passed by me in W.P.(C) No.7877/2019, in
particular, orders dated 11.9.2019 and 13.9.2019, have
not been placed on record.
8. A perusal of these orders would show that an opportunity
was given to the petitioner's father i.e. Mr. Shyam Singh
at the relevant time to deposit the fee in instalments. It
was after the petitioner was unable to pay the fee, with
the consent of the petitioner's father, order dated
14.11.2019 was passed and directions were issued to
admit the petitioner in a school which was adjoining to
respondent no.2 school i.e. S.S.D. Girls School."
5. The counsel appearing for the appellant stated that the appellant did
not avail of the admission in S.S.D. Girls School in terms of the order dated
14.11.2019 passed in W.P.(C) 7877/2019. However, he submitted that the
appellant should now be granted admission in Class X in S.D. Public
School, taking the benefit of the Circular issued by respondent No.1/CBSE
dated 1st April, 2020 (Annexure A-3), wherein promotion to Class X has
been provided in certain categories of cases.
6. Looking to the facts and circumstances of the case, the Circular dated
1st April, 2020 issued by CBSE is not applicable in the case of this appellant.
The benefit is sought to be taken by the appellant without continuing further
study with effect from October, 2019, without appearing in the internal
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:19.08.2020
10:54:33
assessment examination undertaken by the said school and without paying
tuition fee for the academic session 2019-20. Hence this relief cannot be
granted.
7. Looking to the aforesaid aspects of the matter and the fact that the
opportunity was also given to this appellant to get admission in the adjoining
school in the same locality, which was not availed by this appellant, no
further relief can be granted in this case. Moreover, we have enquired from
learned counsel for the appellant whether the appellant would like to avail of
admission in Class IX in S.S.D. Girls School, where this appellant could
have got admission as per the order passed by this Court. However, learned
counsel states upon instruction that the said option is not acceptable to this
appellant.
8. Thus, we see no reason to interfere with the order passed by the
learned Single Judge as no error has been committed by the learned Single
Judge while passing the impugned judgment and order dated 4 th March,
2020.
9. The appeal is accordingly dismissed along with the pending
application.
CHIEF JUSTICE
PRATEEK JALAN, J
AUGUST 18, 2020
'anb'
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:19.08.2020
10:54:33
