Delhi High Court
Yash Yadav vs Central Board Of Secondary ... on 1 December, 2020
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 1st December, 2020
+ LPA 332/2020
YASH YADAV ..... Appellant
Through: Mr. Apurb Lal, Advocate
versus
CENTRAL BOARD OF SECONDARY
EDUCATION & ANR. ..... Respondents
Through: Mr. Atul Kumar, Advocate
for R-1/CBSE
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D. N. PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
1. This Letters Patent Appeal has been preferred by the original
petitioner in W.P.(C) 1427/2020. The appellant (original petitioner) is
aggrieved by the judgment and order of the learned Single Judge dated 15 th
October, 2020 in W.P.(C) 1427/2020 (Annexure-1 to the memo of this
LPA).
2. Having heard learned counsel for both the sides and looking into the
facts and circumstances of the case, it appears that the appellant was a
student of Class X and studying at The Sovereign School, Phase-III, Pocket-
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Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:07.12.2020 14:53
17, Sector-24, Rohini, Delhi-110085. It further appears from the facts of the
case that, owing to health issues, this appellant (original petitioner) could not
attend the school classes regularly. It also appears from the facts of the case
that this appellant was hospitalised for a period running from 16th October,
2019 to 21st October, 2019 at Saroj Super Speciality Hospital for treatment
of "Enteric Fever with AFI with Dehydration". It was pointed out to the
learned Single Bench that the Chairman of respondent No.1 has rejected the
case of the appellant for condonation of shortage of attendance on medical
conditions as the same does not fall under the category of exceptional
circumstances referred to in Clause 14 of the "Examination Bye-Laws, 1995
(updated upto January 2013)" hereinafter referred as "Examination Bye-
Laws" framed by the Central Board of Secondary Examination (CBSE).
3. It further appears from the facts of the case that this appellant
(original petitioner) was initially not allowed to appear in Class X Board
Examination on the ground that he had only 43% attendance in the classes
held in the academic session 2019-2020, whereas the minimum prescribed
limit is 75 %.
4. Aggrieved by the aforesaid communication dated 6 th January, 2020
the appellant (original petitioner) filed the writ petition being W.P.(C)
1427/2020, with the following prayers:
"a. Set-aside the letter dated 06/01/2020 by which the
Respondents are not allowing the Petitioner to appear in the
Xth Board Examination commencing in the month of February,
2020.
b. Call for the official records.
c. Pass such other and further order as this Hon‟ble Court
deems fit and proper in the facts and proper in the facts and
circumstances of the case."
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:07.12.2020 14:53
5. Learned counsel appearing for the appellant (original petitioner)
submitted that the shortfall in attendance took place due to health issues
faced by this appellant and besides this, the appellant was hospitalized from
16th October, 2019 to 21st October, 2019 due to suffering from fever. For
these very reasons, vide an order dated 12th February, 2020, interim relief,
was granted by a learned Single Judge of this Court in W.P.(C) 1427/2020,
whereby this appellant (original petitioner) was allowed to appear in the said
examination. Accordingly, the appellant (original petitioner) appeared in the
exam but his result was withheld. Finally, the writ petition (W.P.(C)
1427/2020) was dismissed on 15th October, 2020, by the learned Single
Bench. According to learned counsel for the appellant, the learned Single
Judge failed to appreciate the fact that this appellant was suffering from
illness.
6. The contention of the appellant was not accepted by the learned
Single Judge of this Court mainly for the reasons that -
a. As per the Examination Bye-laws no. 13 and 14, minimum
attendance required as a matter of fact is 75% of the total
attendance.
b. As per the Examination Bye-Laws Nos. 13 and 14, shortage
upto 15% only may be condone by the Chairman. In the case of
a candidate appearing for Board Examination having
attendance below 60% in Class X, the Chairman shall consider
the request for condonation of shortage of attendance only in
exceptional circumstances created on medical grounds, such as
candidate suffering from serious diseases like cancer, AIDS,
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Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:07.12.2020 14:53
TB or similar serious diseases which require long period of
hospitalization..
c. In the facts of the present case, this appellant (original
petitioner) had attended 80 days out of total 186 classes. Thus,
presence of this appellant (original petitioner) comes to 43%.
d. In view of these facts, this appellant (original petitioner) is
neither falling in the category of minimum 75% attendance nor
this appellant (original petitioner) is falling within the Bye-
Laws 14(ii) as stated hereinabove.
7. The relevant Bye -laws 13 and 14 of Examination Bye-laws relied
upon by the learned Single Judge reads as under-
"13. A Regular Course of Study
13.1(i) The expression "a regular course of study referred to in
these Bye-Laws means at least 75% of attendance in the
Classes held; counted from the day of commencing teaching of
Classes IX/X/XI/XII as the may be, upto the 1st of the month
preceding the month in which the examination of the
School/Board commences. Candidates taking up a subject(s)
involving practicals shall also be required to have put in at
least 75% of the total attendance for practical work in the
subject in the laboratory. Heads of institutions shall not allow a
candidate who has offered subject(s) involving practicals to
take the practical examination(s) unless the candidate fulfils the
attendance requirements as given in this Rule.
(i)(a) The expression "a regular course of study" referred to in
these Bye Laws means at least 60% of attendance in respect of
students participating in Sports at National level organized by
recognized Federations/CBSE/SGFI, the Classes held counted
from the day of commencing teaching Classes IX/X/XI/XII, as
the case may be, upto the 1st of the month preceding the month
in which the examination of the School Board commences.
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Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:07.12.2020 14:53
Candidates taking up a subject(s) involving practicals shall be
required to have put in at least 60% of the total attendance for
practical work in the subject in the laboratory. Heads of
institutions shall not allow a candidate who has offered
subject(s) involving practicals to take the practical examination
(s) unless the candidate fulfils the attendance requirements as
given in this Rule.
***
14. Rules for Condonation of Shortage of Attendances
(i) If a candidate‟s attendance falls short of the prescribed
percentage, in case of students appearing for the Secondary
and Senior School Certificate Examinations conducted by the
Board, the Head of the School may submit his name to the
Board provisionally. If the candidate is still short of the
required percentage of attendance within three weeks of the
commencement of examination, the Head of the Institution shall
report the case to the Regional Officer concerned immediately.
If in the opinion of the Head of the Institution, the candidate
deserves special consideration, he may submit his
recommendation to the Regional Officer concerned not later
than three weeks before the commencement of the examination
for condonation of shortage in attendances by the Chairman,
CBSE who may issue orders as he may deem proper. The Head
of the school in his letter requesting for condonation of
shortage in attendance, should give the maximum possible
attendance by a student counted from the day of commencing
teaching of Classes X/XII (beginning of the session) upto the 1st
of the month preceding the month in which the examination of
the Board commences, attendance by the candidate in question
during the aforesaid period and the percentage of attendance
by such a candidate during the aforesaid period.
(ii) Shortage up to 15% only may be condoned by the
Chairman in respect of those students appearing for the
Secondary and Senior School Certificate Examinations
conducted by the Board. Cases of candidates with attendance
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Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:07.12.2020 14:53
below 60% in class X or class XII, appearing for the Board‟s
examinations, as the case may be, shall be considered for
condonation of shortage of attendance by the Chairman only in
exceptional circumstances created on medical grounds, such as
candidate suffering from serious diseases like cancer, AIDS, TB
or similar serious diseases requiring long period
hospitalization. ..."
(emphasis supplied)
8. Learned counsel appearing for the appellant further submitted that the
words "similar serious disease" requiring long period of hospitalization used
in Examination Bye-Law No. 14(ii) includes enteric fever, which this
appellant was suffering from. He submitted that the Bye-law requires liberal
interpretation in accordance with the judgment of this Court in Pranshu
Shakti Tiwary through Mother Smt. Kanchan Tiwary vs. Central Board of
Secondary Education & Ors 2019 SCC OnLine Del. 8261.
9. We are not inclined to accept this contention of the appellant.
Howsoever liberally the Bye-law is to be interpreted, the Court must be
satisfied that the illness of the student concerned was of a nature which
disabled him/her from attending classes, even to the extent of 60% of
classes. In the present case, the learned Single Judge has rightly found that
the material placed by the petitioner was woefully inadequate to arrive at
this conclusion. The appellant was hospitalized only for six days in the
month of October, 2019 i.e. from 16th October, 2019 to 21st October, 2019.
Therefore, looking into the documents placed regarding the illness from
which this appellant (original petitioner) was suffering, we find that the case
was not covered under Bye-Law No.14 (ii) as stated hereinabove.
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:07.12.2020 14:53
10. It ought to be kept in mind that minimum required attendance should
be maintained by the students. Exceptions have already been carved out in
the Examination Bye-Laws of the respondents to take account of normal
exigencies. This appellant (original petitioner) is not falling within the
exceptional circumstances as explained in the aforesaid Examination Bye-
laws 14(ii). It should be kept in mind that Court cannot do charity
contrary to the legal position.
11. Thus, it appears from the facts of the case that no error has been
committed by the learned Single Judge in appreciating the facts of the
present case and in applying Examination Bye-Laws Nos. 13 and 14 of the
respondents as stated hereinabove. We are in full agreement with the reasons
given by the learned Single Judge in the order dated 15th October, 2020 in
W.P.(C) 1427/2020.
12. Hence, there is no substance in this LPA (LPA 332/2020) and the
same is hereby dismissed.
CHIEF JUSTICE
PRATEEK JALAN, J
DECEMBER 1, 2020
„hkaur‟
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:07.12.2020 14:53
