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Delhi High Court Grants Relief, Allows Student to Sit for 12th Board Exams Despite Documentation Issue

Delhi High Court

Delhi High Court Allows Student to Take Class 12 Exam Tomorrow, Contingent on Rectifying CBSE Application Issues. The CBSE had initially cancelled her application due to alleged non-submission of a domicile certificate. Urgent court intervention grants her the opportunity to participate, pending timely rectification of specified deficiencies.

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Delhi High Court Grants Relief, Allows Student to Sit for 12th Board Exams Despite Documentation Issue
DELHI HIGH COURT

NEW DELHI: On 21st February, the Delhi High Court has granted permission to a student to participate in the upcoming Class 12th board examination, scheduled for Thursday, February 22, 2024. This decision comes as a relief to the petitioner, whose application was previously cancelled by the Central Board of Secondary Education (CBSE) due to the absence of a domicile certificate. The court’s intervention underscores the importance of educational opportunities and the judiciary’s role in ensuring that procedural deficiencies do not hinder a student’s academic progress.

Justice C Hari Shankar, presiding over the case, stated-

“This court has held the petitioner eligible to appear in her class XII CBSE board examination, scheduled to be held tomorrow, that is, on February 22, 2024, subject to her satisfying the Regional Officer, Delhi East Region (ROD) of the deficiencies in her application form pointed out in the email dated January 15, 2024, addressed by the CBSE to the petitioner having been satisfied/rectified.”

The court has directed the petitioner to approach the ROD promptly to address the specified deficiencies, ensuring her participation in the examination. The judge emphasized-

“She has been directed to approach the ROD today itself so that the ROD would make steps to ensure that she appears in the examination tomorrow.”

Acknowledging the urgency of the situation, the judge further added-

“The ROD would act on a copy of this order and not wait for the signed judgment to be made available.”

This decision ensures that the student has an opportunity to take the board exam, provided all necessary rectifications are completed in a timely manner.

The controversy arose when the petitioner, represented by advocates Shahil Rao and Sahil Mongia, challenged the CBSE’s email dated February 15, 2024, which cancelled her candidature due to the alleged non-submission of the domicile certificate. The plea contends that the student had submitted the examination form for private students for senior secondary (Class-XII) examinations 2024, and an admit card was duly issued to her.

According to the plea, the petitioner possesses a valid domicile certificate issued by the competent authority on September 23, 2023. It further states-

“At the time of filling the application form for the aforesaid examination, the petitioner had submitted the application form of the domicile certificate, and consequently, an admit card has already been issued to the petitioner on February 5, 2024.”

The plea underscores the potential irreparable damage the cancellation of the application could cause to the student, putting at risk the loss of an entire academic year. The legal battle has highlighted the need for swift resolution and rectification of administrative errors to ensure that students do not face unnecessary setbacks in their academic pursuits.

The CBSE’s counsel assured the court that the Regional Officer, Delhi East Region, will be promptly informed about the court’s decision, streamlining the process for the student to rectify the specified deficiencies and participate in the board examination as scheduled.

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