W.P. (C) 11467/2009 Page 1 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11467/2009 SMRITI SHARMA THR. HER NATURAL GUARDIAN(FATHER) SH. DELIP SHARMA ..... Petitioner Through: Ms.Suman Kapoor, Advocate versus MANAGEMENT OF VIVEKANAND SCHOOL & ORS. .... Respondent Through: Ms.Anju Bhattacharya, Adv. for R-4. Mr.Atul Kumar, Adv. for respondent 3. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI O R D E R % 08.01.2010 1. Petitioner is student of Vivekanand School and had appeared in class 11th examination which was held in March, 2009. The petitioner had obtained (in mathematics) 2.5 marks out of 25 in Class Test No.2; 6 marks out of 25 in Class Test No.3; and 39 marks out of 100 in the annual examination. Similarly in the examination „business studies‟ she had obtained 3.5 marks out of 25 in Class Test No.2; 8 marks out of 25 in Class Test No.3; and 36.5 marks out of 90 in the annual examination. The school did not promote the petitioner but was asked to appear in the compartment examination for mathematics and business studies. Unfortunately in the compartment examination, petitioner did not secure 33% i.e. passing marks and secured only 23.63% marks in both the subjects – mathematics and business studies - respectively. 2. Aggrieved by not being promoted to class 12th, petitioner has filed the present petition on the ground that school while calculating the result of the petitioner had not followed the directives of Directorate of Education and had forced the W.P. (C) 11467/2009 Page 2 petitioner to sit in the compartment examination. 3. Counsel for petitioner relies upon instructions regarding assessment, evaluation and promotion of students from one class to another (class 1 to 9 and 11) and submits that school is entitled to conduct three tests in all for the purposes of promotion of the children from one class to another and the weightage to be given in the first test is 10%, in the second test 15% and in the comprehensive test 75% as per rule 6 of Promotion Rules. She further submits that as per rule 29 in order to be declared “passed” at the end of the session a student must secure at least 33% marks in each of the subjects studied by him/her during the session, subject to condition that he/she must secure 33% marks separately in theory and practical. Rules 6 and 29 is reproduced below: “6. The relative weightage of the marks in the tests in each subject shall be as under: (a) No written test shall be conducted in pre-primary classes and class 1 except to test writing skill and in class II and III tests in all the subjects shall be partly oral and partly written. (b) CLASSES IV TO IX AND XI TEST MARKS WEIGHTAGE IV TO VIIII IX XI Th. Pr. Tl. Th. Pr. Tl. Th. Pr. Tl. 1st Test 40 00 40 40 00 40 40 00 40 10% 2nd Test 40 20 60 40 20 60 40 20 60 15% Compre- hensive test 60 15 75 60 15 75 60 15 75 75% Total 140 35 175 140 35 175 140 35 175 100% Marks obtained in Ist and 2nd tests, in theory and practicals separately wherever applicable, shall be converted into 10% and 15% respectively for obtaining the weightage allotted to them. No such conversation shall be required for the comprehensive test since the number of marks and weightage percentage allotted to it is the same i.e. 75. In subjects where practical work has not been prescribed, the total marks allotted shall be for theory only. 29. PROMOTION RULES FOR CLASSES IV TO IX & XI In order to be declared “passed” at the end of the session, a student must secure at least 33% in each of the following subjects studied by him/ her during the session subject to the condition that he/she secured 33% marks separately in theory and practical portions also. The W.P. (C) 11467/2009 Page 3 promotion is also subject to the condition that a minimum of 25% of marks should be secured in the comprehensive test in computing 33% of the marks, the benefit of a fraction will go to the credit of the student and such a student shall be declared “passed” and he/she shall be promoted to the next higher class:- Provided that classes IV to VIII, a student will have to obtain a minimum of 25% marks in the third language in order to get promoted. Provided further that in Class IX a student will have to obtain the required passing marks in any two or the three languages in order to get promoted.” 4. Counsel for petitioner has also relied upon a notification dated 25.7.2005 “Concept of Unit Test Introduced”, as per which Directorate of Education has laid stress on the need for holding unit test on every Monday of the week in the first period regularly with a view to provide students regular practice of learning and revision of the course studied. As per the notification stress was laid that the marks obtained by the student is to be recorded in the teachers‟ diary & thereafter uploaded on the website and information should be sent to parents as well. The Deputy Directors of Education/ Education Officers were directed to inspect the record on their visits to their respective schools. 5. Counsel for petitioner further submits that in addition, a student is also entitled to 5 grace marks in each subject. 6. Counsel for the respondents have opposed the petition. Counsel for the respondent seeks to rely on a notification issued by the Directorate of Education dated 15.12.2003 whereby a continuous and comprehensive evolution plan was introduced. The aim of this notification was to ensure that children are assessed on regular basis rather than on the basis of annual and half yearly examination. Further aim of this notification was to encourage the students in memorizing based on the W.P. (C) 11467/2009 Page 4 habit of understanding the test material rather than cramming. Under this scheme 4 examinations were to be conducted in a year for the students from class 3 to 11 in addition to the routine three terminal tests; and that each of the examination was to cover 1/4th of the syllabus to be taught in the quarter. Counsel also submits that the school has been following continuous and comprehensive evaluation plan and further as per the school diary cycle test is to be conducted regularly. 7. Counsel for Directorate of Education submits that petitioner has failed to obtain 33% marks in the entire year in both subjects (mathematics and business studies), besides that this question cannot be gone into by this Court in view of the fact that petitioner had appeared for compartment examination which was also not cleared by her. The Directorate of Education relies on counter affidavit filed, according to which complaint made by father of the petitioner was received by Directorate of Education and a copy thereof was forwarded to the School and reply was sought from the School. As per the counter affidavit the complaint of the petitioner was examined by the Department and found that there is no violation of any rules and regulations as alleged by the petitioner. It is contended that since the petitioner was permitted to appear in the compartment examination, she would not be entitled to grace marks. 8. Mr.Atul Kumar, advocate for respondent No.3 submits that according to the CBSE Rules a student must obtain 33% marks in each subject as well as aggregate to be entitled for promotion in the next class. It is submitted that as the W.P. (C) 11467/2009 Page 5 petitioner has failed to secure the minimum 33% marks, she is not entitled for promotion. 9. Counsel for petitioner in response to this submission made by counsel for respondent – CBSE submits that calculation on record would show that petitioner has obtained more than 33%. 10. I have heard counsel for the parties and also perused the records of this case. The mark sheet of the petitioner, which is placed on record, shows that the petitioner does not qualify the basic criteria which has been laid down by the Directorate of Education as well as CBSE in their Rules. Even otherwise, the petitioner had appeared in the compartment examination which she was unable to qualify. The school could have either granted grace marks or granted permission to the petitioner to appear in the compartment examination. At that stage, the petitioner did not raise any objection and decided to take the compartment examination. 11. Based on the complaint filed by the petitioner, the Directorate of Education considered the same and found that there was no merit in the complaint and observed as below:- Subject : Complaint against unaided private schools. This is with reference to the complaint dated 15/06/2009 of Mr.Dilip Sharma addressed to Hon‟ble Union Minister, Ministry of Resource Development received through office of Minister of Transport and Education after having been forwarded by PGC Cell of Hon‟ble C.M. of Delhi. The complaint is regarding non-observance of class promotional rules of the Directorate of Education by Vivekananda School, B Block, Anand Vihar, Delhi allegedly because of reducing a number of students in Class X and XII for limiting students in these classes as per CBSE guidelines so that the CBSE may not know the violation of guidelines committed by the said school. W.P. (C) 11467/2009 Page 6 The undersigned has taken up the matter with the school concerned. The reply of the school is as under: In terms of instructions issued vide dte.of edu. Sch.br No.F.DE/Sch/Promotion rules/9/2001/18663-20963 dated 8/9/2001 relating to promotion of students from one class to the next, instruction no.29 states that a student who has secured 33% marks in each subject, both theory & practical, separately & also has obtained 25% marks in each subject in the annual examination will be declared “passed”. Instruction No.32, relating to compartmental Exam states that a student who has not “passed” as per criteria of inst.No.29 above, will be eligible for appearing at compartmental Exam in case he has obtained 20% marks in one failing subject (class XI) & in not more than two failing subjects in class IV to IX or if she has obtained 15% marks in failing subject(s), she should have obtained 40% marks in the aggregate in the remaining subjects. Marks obtained by Ms.Smriti Sharma daughter of Sh.Dilip Sharma, Class XI-G during the session 2008-2009 are as under:- Subject Total Marks Marks Obtained Percentage of marks obtained English 275 102 37.09% Accountancy 275 91 33.09% Maths 275 65 23.63% Business studies 275 65 23.63% Economics 275 91 33.09% It is clear that in terms of instruction no.29 read with instruction 31 & 35 she could neither be declared “passed” or “promoted” to the next class. There is no provision in the instructions for giving special consideration to sports persons as demanded by the complainant”. 11. Having not secured 33 marks in the aggregate, the petitioner could not have been considered for promotion in the next year. Accordingly, no grounds are made out in the writ petition. Dismissed. G.S. SISTANI, J. January 08, 2010 'ssn' W.P. (C) 11467/2009 Page 7 W.P.(C) 11467/2009 6/6 W.P. (C) 11467/2009 Page 8