Delhi HC allows student to appear for exam after CBSE stopped it

The Delhi High Court on Monday allowed a Class 10 student to appear for the examination after the CBSE board had barred her from appearing for late submission of domicile certificate.

The court said that the student was stopped from appearing in the examination even though she had been issued the admit card.

The High Court said, “It is unthinkable to stop a student from entering the examination hall after issuing the admit card. CBSE has no right to do so.”

Justice C Hari Shankar allowed the student to appear for the Class 10 examination conducted by the Central Board of Secondary Education (CBSE).

The High Court gave this direction on a petition filed by a minor student through her mother.

The High Court said, “This is completely unacceptable. CBSE is expected to be vigilant about the right of students to appear in the examination.”

Justice Hari Shankar expressed his displeasure and said, “It is inhuman to issue the admit card to a student first and then make her stand outside the examination hall when she comes to take the examination.”

The High Court directed that the student will be entitled to appear for the examination immediately.

The court said that he will also be given extension of time to complete the paper to compensate for the time for which he had to wait outside the examination hall without taking the exam so that he gets equal time to complete the paper like all other students. Could. Directed forward.

The High Court also clarified that if any other candidate, who is stopped outside the examination hall for lack of uploading the domicile certificate in time, all such students will be entitled to take the examination with extension of time as mentioned above.

“Needless to say, this will be subject to the outcome of the present writ petition. Permission to take the examination will be given to the students for the remaining papers also,” the bench said.

The High Court issued notice to CBSE and others and directed them to file the affidavit within two weeks. Advocate Atul Kumar accepted the notice on behalf of the respondents.

The case has been listed for further hearing on April 1.

The petitioner is a private girl candidate appearing for the Class 10 examination conducted by CBSE. The notice dated September 5, 2023 issued by CBSE governing such candidates requires the candidate to upload a residence certificate along with the application for appearing in the examination, which certifies that the student is a resident of Delhi.

This requirement, I have been informed in other similar cases, was introduced for the first time this year. Justice Hari Shankar said that many students who wanted to apply for the exam were unaware of the need to upload the domicile certificate until the notice was issued by CBSE on September 5, 2023.

The court said that the petitioner had uploaded his application form for appearing in the Class 10 examination on the CBSE website on October 3, 2023.

“Unfortunately, he did not have a domicile certificate at that time. He had applied for his domicile certificate in December 2023. The certificate was actually received by him on January 24, 2024,” the high court said.

Since the certificate could not be uploaded on the CBSE website at that stage, he submitted the certificate physically to CBSE on 31 January 2024. He was issued an admit card, allowing him to appear for the examination on 15 February 2024. The High Court said.

The High Court said that on the basis of the said admit card, the petitioner had given the first paper of his Class X examination on February 21, 2024. However, he has been stopped at the entrance of the examination hall this morning and not given in. Was allowed to enter and give his second paper.

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