Delhi High Court Directs CBSE To Consider As Representation Plea Seeking Refund Of Exam Fee Of Cancelled Board Examination

Justice Prateek Jalan has directed the Board to consider the plea filed by one Deepa Joseph and decide whether exam fees deposited can be refunded, wholly or partially, within 8 weeks.

During the course of hearing, Justice Jalan orally remarked that it cannot be said that CBSE will not incur any expense merely bacause the exams have been cancelled.

"CBSE is still assessing your child. It will issue a marksheet. So, the argument cannot be that CBSE has spent nothing. Entire assessment formula was devised by CBSE. They are also guiding the process," the Judge told the Petitioner.

It was the Petitioner's case that since the exams have been cancelled, CBSE ought to refund the entire fees. It is unjustified of CBSE to retain the exam fees, Advocate Robin Raju argued.

At the outset, Justice Jalan made a disclosure that his son is also in class 12^th and in case relief is granted, he will be a direct beneficiary.

As the parties recorded no objection to his hearing the matter, the Judge proceeded to observe that it cannot be said that CBSE will incur zero expenditure, however, it will be far less than what they would have incurred if exams were conducted for everyone.

"The substratum of fees you charged is gone since exams are cancelled. Of course, some proportion of amount you will spend on assessments," the Judge observed.

At this juncture, Advocate Rupesh Kumar, appearing for the Board, submitted that CBSE is a "self-financing institution".

"CBSE does not receive funds from Centre. Our entire functioning throughout the depends on examination fees. Apart from exams, we have to maintain infrastructure, conduct deliberations, all that is done from this fees," Kumar submitted.

Justice Jalan observed that some amount of yearly expenditure will be saved since exams stand cancelled. However, Kumar submitted,

"All arrangements were already done. The decision to cancel was taken quite later… We still have to conduct exams for those students who opt for it. We will not be charging any additional fees for that."

In this backdrop, the Court observed that the petition may be treated as a representation by CBSE. Petitioner is granted liberty to file afresh writ petition if it is not satisfied with decision taken by CBSE.

Case Title: Deepa Joseph v. CBSE & Anr.