Kritika Trikha v. CBSE

1. These matters were heard together and are being disposed of by common order.

2. The facts as set out in the petitions are that petitioner in [WP(C)No.990/2010] was a student of D.A.V. Shrestha Vihar, 2010:DHC:12813 2_ Delhi. He had failed in class XI. Petitioners in [WP(C)No.1000/2010 & WP(C)No.1005/2010] were the students of Arvachin Senior Secondary School, Vivek Vihar, Delhi-

110095. They had failed in class XI from. Parents of the petitioners approached respondent no.3 - school for getting admission in class XI, as respondent no.3-school was near their residence. As per the writ petition, the Principal of respondent no.B-school apprized the parents of petitioners herein that petitioners can get admission in class XII in case the students participate in a special examination which is being conducted by respondent no.B-school under the guidelines and directions of respondent nos. 1 & 2.

3. It has been further stated in the petitions that parents of the petitioners were told that the special examination is being conducted for those students, who could not pass in class XI, for any reason. The parents of petitioners agreed for allowing their children to participate in the special examination and also deposited Rs.40,000/- for each child as demanded by respondent no.3. Petitioners are stated to have cleared the said examinations conducted by respondent no.B-school and were admitted in class XII for the academic session 2009-10 in the respondent no.3 school.

4. Counsel for the petitioner submits that in the first week of February, 2010 the petitioners approached respondent no.Bschool for getting their respective admit cards to enable them to appear for the board examination to be held in March, 2010, but no admit card was provided and they were asked to contact respondent No.l directly. The petitioners were informed by W.P.(C) 990/10, \N.P.(C) 1000/10 & W.P.(C) 1005/10 2/4 respondent no.l that admit card cannot be issued to them since they had completed their class XI from a school, which is not affiliated with the CBSE. Petitioners thereafter issued a legal notice to respondent no.3-school.

5. By present petitions petitioners seek issuance of writ of mandamus and a direction to respondent no.l to issue admit cards to them for participating in class XII board examination.

6. Counsel for CBSE has entered appearance on an advance copy. It is stated that the transfer certificates submitted by the petitioners, show that the school(s) from which they completed class XI are not affiliated with the CBSE. Counsel for the CBSE further submits that the transfer certificate submitted by the students appear to be forged and fabricated as according to the petitions filed, [(i)Kritika Trikha studied in class XI from D.A.V. Shrestha Vlhar, Delhi; (ii) Maneesh Rawat studied in class XI from Arvachin Sr. Sec. School, Vivek Vlhar, Delhi; and

(iii) Anshu Choudhary studied in class XI from Arvachin Sr. Sec.

School, VIvek Vihar, Delhi, respectively], whereas as per the transfer certificates submitted at the time of admission in respondent no.3- school [(i)Kritika Trikha had passed class XI from Sivananda Sr. Sec. Public School (Recognised), Mangla Puri, New Delhi; (ii) Maneesh Rawat had passed class XI from Adarsh Bharti, Sr. Sec. Public School (Recognised), DDA Flats, Khan Pur, New Delhi; and (iii) Anshu Choudhary had passed class XI from Greenway Sr. Sec. Public School (Recognised), Rani Bagh, New Delhi, respectively]. W.P.(C) 990/10, W.P.(C) 1000/10 & W.P.(C) 1005/10 3/4 M

7. He further submits that even otherwise, no relief can be granted to the petitioners as admittedly the petitioners failed in class XI and they were promoted to class XII on the basis of some special examination and that too alleged to have been conducted by respondent no.3-school.

8. I have heard counsel for the parties. The CBSE has not issued admit cards to the petitioners, as they have not cleared class XI examination from a school which is affiliated with the Board. In view of this, no relief can be granted to the petitioners. I find the allegations made against respondent no.3-school to be serious and I consider it appropriate to direct Directorate of Education to hold an enquiry into the affairs of respondent no.3-school, after following due process of law and take suitable action, if required, expeditiously. The Directorate of Education is directed to file a status report in this court, within eight weeks from today.

9. In view of above, I find no infirmity with the action of the CBSE for not issuing admit cards to the petitioners as they have not cleared their Class XI examination from a school which is affiliated with the CBSE. Writ petitions are dismissed. Let the files be put up before Court after eight weeks, only for the purpose of report of the Directorate of Education. CM.No.2039/2010. CM.No.2046/2010 & CM.No.2053/2010

10. Dismissed. G.S. SISTANI, February 17, 2010 'ssn'