NEW DELHI: The Delhi High Court on Friday directed the Central Board of Secondary Education to allow 11 sent-up students of a private school in South Delhi to appear at the Class XII Board examination due to begin on March 2.
The Board had disallowed these students from appearing in the examination on the ground that they had passed Class XI in their respective schools in a re-examination as they had failed in some of the papers in the regular one.
Counsel for the Board argued that according to Section 7.5 of the Examination By-laws these students should have undergone a regular course of study.
The students had migrated to the private school in Class XII from different schools in Delhi from where they had completed their Class XI.
The CBSE had taken the decision not to allow these students to appear at the Board examination after inspecting their records in their previous schools and their present school.
Allowing these students to appear at the examination, Justice S. Ravindra Bhat said: “Prima facie the Court is of the opinion that the position of CBSE that a re-test is not covered under the Examination By-laws may not be feasible. However, no opinion in that regard can be expressed without further hearing.”
“In the facts of the case, the Court is also of the opinion that unless the interim order of the kind sought is granted, the students would be put to grave prejudice,” the Court said.