CBSE Bye-Laws Prevail in School Promotion Criteria, Declares Delhi High Court
In a landmark judgment, the Delhi High Court affirmed the supremacy of the Central Board of Secondary Education (CBSE) Examination Bye-Laws over the Kendriya Vidyalaya Sangathan (KVS) Education Code. The decision, delivered on November 6, 2023, by Hon’ble Mr. Justice Anup Jairam Bhambhani, has paved the way for a Class XI student to be promoted to Class XII despite failing Mathematics, a main subject, by substituting the marks with those obtained in Physical Education, an additional subject.
The court observed that “the decision of the matter turns on the interpretation of two provisions, viz. (i) Bye-Law 40.1, more specifically Bye-Law 40.1 clauses (iv) and (vi) of the CBSE Examination Bye-Laws; and (ii) Article 106 of the KVS Education Code.” It was concluded that the CBSE bye-laws must prevail, ensuring uniformity and fairness in the academic progression criteria applied to students.
Justice Bhambhani noted, “once KVS has sought and obtained affiliation to the CBSE inter-alia for Class-XI and Class-XII, KVS cannot impose on its students pass criteria for Class-XI which are in the teeth of specific pass criteria laid down by the CBSE vide Bye-Law 40.1.” This clarification has brought clarity to the applicable rules governing student promotions within the education system.
The petitioner, represented by advocates Ms. Pooja Dhar and Ms. S. Ambica, successfully argued that the respondent school was bound by the CBSE Examination Bye-Laws and was, therefore, required to adopt the ‘pass criteria’ prescribed therein. The court’s decision underscores the binding nature of the CBSE’s regulations on all affiliated institutions, including those under the KVS.
The ruling also highlighted the court’s role in judicial review, especially in matters of educational policy, with the court affirming that “the bye-laws of the Board have the force of law and must be regarded as such for all legal purposes.”
This decision has significant implications for educational institutions affiliated with the CBSE, reaffirming the Board’s autonomous status and the enforceability of its regulations. It ensures that students’ rights to fair evaluation and promotion are upheld, setting a precedent for similar cases in the future.
Date of Decision: 06 November 2023
ARYAN KUMAR (MINOR) THROUGH FATHER RAVINDER KUMAR VS KENDRIYA VIDYALAYA & ORS.
