Punjab-Haryana High Court
Jyoti Aggarwal vs Manaskriti School And Ors on 16 January, 2024
2024:PHHC:005756
C. R. No.7440 of 2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.128
Case No. : C. R. No.7440 of 2023
Date of Decision : January 16, 2024
Jyoti Aggarwal .... Petitioner
vs.
Manaskriti School and others .... Respondent
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.
* * *
Present : Mr. Abhishek Goyal, Advocate
for the petitioner.
Mr. Yash Dev Kaushik, Advocate
for respondents no.1 and 2.
Mr. B. S. Seemar, Advocate
for respondent no.3.
Mr. Krishan Chahal, Addl. A. G., Haryana
for respondents no.4 and 5.
* * *
GURBIR SINGH, J. :
1. Challenge in this revision petition filed under Article 227 of the
Constitution of India is to order dated 02.12.2023 (Annexure P-10), passed
by learned Civil Judge (Junior Division), Faridabad (for brevity - Trial
Court), whereby application of the plaintiff/petitioner seeking issuance of
provisional admit card for her son in order to sit in the upcoming Board
Examination of Class 10th , subject to outcome of Civil Suit filed by her, has
been dismissed.
2. The brief facts, as culled out from the paper book, are that the
plaintiff/petitioner filed a suit for permanent injunction restraining
2024:PHHC:005756
defendants/respondents no.1 to 3 from cancelling the admission as well as
registration of the son of the plaintiff/petitioner and also for mandatory
injunction for directing defendants/respondents no.1 to 3 to provide
registration number as well as examination Roll number for Class 10 th so
that future of son of plaintiff/petitioner may not be spoiled. Further prayer
for mandatory injunction to issue proper order/direction to defendants/
respondents no.4 and 5 for taking stern action against defendants no.1 to 3
for doing illegal activities against the plaintiff/petitioner was also made.
3. A bare perusal of the plaint, filed before the learned Trial Court,
reveals that on 26.04.2023, the plaintiff/petitioner came with her family from
Khartoum (Sudan) to India through Kaveri Mission merely in wearing
clothes as the situation in Sudan was terrible as the Civil War started there
for sovereignty. In May 2023, the plaintiff/petitioner got admitted her kids
with defendants/respondents no.1 to 3 and deposited the entire fees as per
their norms and rules. Defendant/respondent no.2 was told about the
circumstances in which the plaintiff/petitioner and her family came to India
from Khartoum (Sudan) on the advice of Indian Embassy in order to save
their lives.
4. On 14.07.2023, defendant no.2 sent a message to the
plaintiff/petitioner on behalf of defendants no.1 and 3, asking her to deposit
Aadhar Card, Transfer Certificate as well as Mark-Sheet of her son in order
to complete the procedure for admission. Accordingly, plaintiff/petitioner
sent copy of Aadhar Card, Transfer Certificate as well as Mark-Sheet of her
son issued by Chinmaya Vidyalaya, Nauni, Solan (HP). As per assurance of
defendant/respondent no.2, it was conveyed to the plaintiff/petitioner that no
2024:PHHC:005756
other document would be demanded.
5. Written Statement on behalf of defendants/respondents no.4 and
5 was filed stating therein that the plaintiff/petitioner has already got
admitted her son in school of defendant/respondent no.2 and son of the
plaintiff/petitioner namely Arihant Jain has passed 8 th Class in the Session
2021-22. So, it is presumed that in Session 2022-23, he has also passed
Class 9th . It has been further stated therein that the plaintiff/petitioner has
returned to India with her family during war. Son of the plaintiff/petitioner
has already been granted admission by defendant no.1 School and therefore,
the School should register ward of the plaintiff/petitioner by approaching
defendant no.3 - CBSE Board at their own level.
6. Defendant/respondent no.3 filed written statement before the
learned Trial Court inter-alia pleading therein that plaintiff/petitioner failed
to fulfill the rules, bye-laws, terms and conditions of the Board for
admission of her ward. The plaintiff/petitioner approached
defendant/respondent no.1 for admission of her ward with assurance that all
the documents, as required by the Board, would be provided to the School.
The plaintiff/petitioner submitted Mark-Sheet of her son for 6 th Class and
Transfer Certificate of 8th Class, whereas, for getting admission in Class 10 th,
the Mark-Sheet, Certificate, Transfer Certificate of 9th Class is necessary.
7. On 03.11.2023, the plaintiff/petitioner moved an application
before the learned Trial Court for issuance of proper direction/order to
defendant/respondent no.3 to issue provisional Admit Card to her son in
order to sit in the examination, subject to outcome of the case. This
application was dismissed by the learned Trial Court vide impugned order
2024:PHHC:005756
dated 02.12.2023.
8. Learned counsel for the plaintiff/petitioner has argued that the
plaintiff/petitioner, along with her family, has not returned to India on her
own but they have returned on account of emergent situation, in which she
and her family was evacuated from Sudan under the Mission of Government
of India. The truce was operative only for 72 hours and there was hardly
any time for them to prepare for the evacuation. Even the Indian Embassy in
Sudan had instructed the Indian citizens to come only in wearing clothes. In
support of the averments made by learned counsel, News Report of BBC has
been annexed with the petition as Annexure P-11. The plaintiff/petitioner
has produced the Transfer Certificate of Class 8 th of her son, pertaining to
academic year 2021-22. It is further argued that for the next session i.e.
2022-23, her son attended Holm English Medium School, Khartoum, Sudan.
So, he was rightly admitted in 10th Class for the academic year 2023-24 by
defendant/ respondent no.2. Even defendants/respondents no.4 and 5, as
representatives of the State Government, supported the case of the
plaintiff/petitioner.
9. It has further been argued by learned counsel for the
plaintiff/petitioner that even the Government of India gave a chance to the
MBBS students, who were enrolled in foreign Universities in medical
courses, to clear their MBBS without enrolling in any existing medical
college. Reliance in this regard has been placed on the judgment of Hon'ble
Supreme Court in Archita and others vs. National Medical Commission
and others - Writ Petition(s) (Civil) No(s). 607/2022, decided on
28.03.2023. Learned counsel has further submitted that even equity
2024:PHHC:005756
demands that prestigious two years of son of the plaintiff/petitioner be saved
and he be allowed to take exams of Class 10 th, to be conducted by
defendant/respondent no.3.
10. Learned State counsel appearing on behalf of defendants/
respondents no.4 and 5 has submitted that in view of the extra-ordinary
situation, under which the plaintiff/petitioner has returned to India with her
family, the State of Haryana also wants that prestigious two years of the
child of the plaintiff/petitioner be saved.
11. Learned counsel for defendants/respondents no.1 and 2 has
submitted that son of the plaintiff/petitioner namely Arihant Jain had been
given provisional admission, subject to production of the documents, as per
requirement of Central Board of Secondary Education (CBSE) but when the
plaintiff/petitioner failed to produce the relevant documents, the provisional
admission has already been cancelled and fees paid by her has also been
returned. Her son namely Arihant Jain is no more on the rolls of the
School.
12. Learned counsel for defendant/respondent no.3 CBSE has
argued that admission in Class 10th cannot be taken directly. A child can
only be admitted in Class 10th when he/she has completed a regular course of
study for Class 9th from an institution affiliated with the CBSE Board. Since
son of the plaintiff/petitioner did not complete regular course of Class 9 th , he
cannot be allowed to sit in Class 10th examination against the rules.
13. I have heard the arguments advanced by learned counsel for the
parties and perused the case file.
14. The Central Board of Secondary Education (CBSE) has framed
2024:PHHC:005756
certain rules to be followed. Rule 7.3, which relates to admission in Class
10th, reads as under :-
"***7.3 Admission to Class X :-
As the syllabus prescribed at Secondary level is of
two years integrated course, no admission shall be
taken in Class X directly. Provided further that
admission to class X in a school shall be open only
to such a student who :
a) has completed a regular course of study for
Class IX from an institution affiliated to this
Board;
b) has completed a regular course of study for
Class IX and has obtained minimum Grade
D in the five subjects (excluding the 6th
additional subject) under Scholastic Area A
as well as Grades in subjects under
Scholastic Area B under the Continuous and
Comprehensive Evaluation Scheme in class
IX examination conducted by an institution
affiliated to this Board and migrating
from/within one city/State to another only
on the transfer of the parent(s) or shifting of
their families from one place to another,
after procuring from the student the Report
Book and the Transfer Certificate duly
countersigned by the Board; and
c) a student who has completed a regular
course of study for class IX and has passed
class IX examination from an institution
recognized by/affiliated to any recognized
Board in India can be admitted to a school
affiliated to this Board only on the transfer
2024:PHHC:005756
of the parent(s) or shifting of their families
from one place to another, after procuring
from the student the mark sheet and the
Transfer Certificate duly countersigned by
the Educational Authorities of the Board
concerned
Notwithstanding anything contained in the
rules above. Chairman shall have the
powers to allow change of school for better
academic performance. medical reasons etc.
to avoid undue hardship to the candidate(s).
In case of all such admissions the schools
would obtain post facto approval of the
Board within one month of admission of the
student."
15. On asking, learned counsel for the plaintiff-petitioner has
submitted that Arihant Jain had appeared in the examination of Class 9 th but
result was not declared. As of now, there is no contact with the school
authorities at Sudan and it would not be possible for the plaintiff/petitioner
to collect the desired Report Card/Mark Sheet from there.
16. As per the admission form of Arihant Jain, he was provisionally
admitted in the School. He has not completed regular study of Class 9 th and
he is not even registered with the CBSE Board. Now, his provisional
admission has also been cancelled. No doubt, as per the Transfer Certificate
issued by Chinmaya Vidyalaya Senior Secondary School, Nauni, Solan
(HP), he has passed 7th Class and he was admitted in 8 th Class but the Court
cannot presume that he automatically passed 9th Class thereafter. Since
Arihant Jain was not given regular admission in 10 th Class by the School and
2024:PHHC:005756
he was not registered with the CBSE Board. So, no direction can be given
to CBSE Board to allow him to appear in the 10 th Class examination against
Rule 7.3, mentioned above. The case Archita and others (supra), decided
by Hon'ble Supreme Court is of no help to the plaintiff/petitioner. In that
case, a Committee was formed. Report of the Committee was accepted,
subject to minor modification. The students, who were doing their MBBS in
foreign Universities and had to return to India, were given chance to clear
their MBBS final examination, considering their cases to be extra-ordinary
ones. In the case in hand, interim mandatory injunction cannot be issued to
permit son of the petitioner to take 10th Class examination against the Rules.
17. In the light of the above discussion, I am of the view that there
is no illegality in the impugned order passed by learned Trial Court. No
ground is made out to interfere with the same. Accordingly, there is no
merit in the present revision petition, which is hereby dismissed.
18. Pending applications, if any, shall stand disposed of along with
this judgment.
January 16, 2024 (GURBIR SINGH)
monika JUDGE
Whether speaking/reasoned ? Yes/No.
Whether reportable ? Yes/No.
