12th Board Result| CBSE's Caution Must While Taking Decisions Affecting Lakhs Of Students, Legitimate Expectation Doctrine Attracted: Delhi HC

The Delhi High Court has observed that a greater degree of care and caution, as well as due diligence is required on part of the functionaries and office bearers of Central Board of Secondary Education (CBSE) to ensure that due process is not violated at the higher echelons while taking decisions that affect the lives of lakhs of students.Justice Chandra Dhari Singh added that while the Board's dedication and efforts to undertake continuous and comprehensive reforms and innovations in education is commendable, the responsibility vested and the trust reposed in the Board is also magnified. The Court was dealing with a plea filed by a student aged 18 years who had appeared in the Class XII CBSE Board Examination for the Academic Session 2021-2022. The plea sought directions on CBSE to declare the result of the Petitioner in terms of the Circular dated July 5, 2021 factoring in the Special Scheme of Assessment which mandated equal weightage of the theory papers for Term- 1 and Term-2 while computing the result. It also challenged circular dated July 23, 2022 which stipulated 30 percent weightage to Term -1 and 70 percent weightage to Term - 2 for computing the results. On 5th July 2021, the CBSE came up with a "Special Scheme of Assessment for Board Examination Classes X and XII for the Session 2021-22". Vide the said circular, it was conveyed that the CBSE has decided to conduct the 2022 Board examinations in two Terms i.e. Term-I & Term-II. The said scheme also provided for "Assessment/Examination as per different situations" wherein four different scenarios were detailed and the consequent mode/manner and weightage of Term-I and Term-II examinations were notified. It was further stated therein that in case the situation of the pandemic improved and students were able to come to schools or centres for taking the exams, then the Board would conduct Term I and Term II examinations at schools/centres and the theory marks will be distributed equally i.e. 50%-50%, between the two exams for preparation of the Results.The petitioner had applied for admission to engineering colleges and appeared at the BITSAT-2022 entrance examinations. It was the petitioner's case that she qualified the BITSAT 2022 entrance examination but, due to the changed weightage formula for calculation of 12th Board marks, she failed to meet the criteria of minimum 75% marks in the three subjects. Therefore, the petitioner was unable to secure admission. The petitioner was thus aggrieved by the modification of earlier announced 50%-50% weightage formula to 30%- 70% weightage assigned to theory marks scored in Term- I and Term-II for preparation of Result of the 12th CBSE Board Examinations.The Court observed that Legitimate or reasonable expectation may arise from an express promise given on behalf of a public authority or from the existence of a regular practice which the claimant can reasonably expect to continue. "It is a valuable and developing doctrine, that comes to the rescue of an ordinary person, in case where a public authority conducts itself so as to create a legitimate expectation that a certain course will be followed, and the same is violated. It would be unfair if the authority were permitted to follow a different course to the detriment of one who entertained the expectation, particularly if he acted on it. The doctrine of legitimate expectation is thus rooted in fairness and equity," the Court added. Therefore, it added that where the substantive legitimate expectation is not ultra vires the power of the authority, the State cannot be allowed to change course and belie the legitimate expectation. "Regularity, Predictability, Certainty and Fairness are necessary concomitants of Government's action and a failure to keep these commitments would permit the State's action to be interdicted," the Court said. The Court thus concluded that since the circulars were issued by the CBSE, as an autonomous organisation under the Ministry of Education, in discharge of its public function, the doctrine of legitimate expectation can be attracted against it.As it was the case of CBSE that meeting of the Result Committee was held on 21st July, 2022 wherein after detailed deliberations, the recommendations made were accepted, the Court had queried the Officer of the CBSE qua the approval of the Minutes of the Result Committee Meeting. The concerned officer had responded that the same was approved by the competent authority of the Board. However, on not finding any formal order by the competent authority enforcing the recommendation regarding the new weightage formula, the Court had summoned the Original file, which was furnished by the concerned officer present in the Court. "However, it was disappointing to see that only two green coloured sheets containing the notes of the Controller of Examinations was present, and no such order made by the Chairperson/Competent Authority accepting, enforcing and notifying the recommendation regarding the...

12th Board Result| CBSE's Caution Must While Taking Decisions Affecting Lakhs Of Students, Legitimate Expectation Doctrine Attracted: Delhi HC

Nupur Thapliyal

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