It was held that the respondent/school faulted in not holding the Compartment examination in accordance with the circular dated 08.09.2001 that passed instructions based on Rule 41 of the Delhi School Education Rules, 1973.
In Deeksha Madaan through her father and natural guardian Arun Madaan Vs. Directorate of Education & Ors and Aditya Munjal through his father and natural guardian Puneet Munjal Vs. Directorate of Education & Ors (writ petitions combined due to common grounds), the Delhi High Court through Justice Sanjeev Sachdeva allowed relief to two students (petitioners) who were not being promoted from Class XI to Class XII on having not cleared their accountancy papers in the final/comprehensive exam and the compartment exam held thereafter.
The court reached this decision as it was seen that the school had not strictly adhered to the binding Circular No. F.DE/Sch/Promotion Rules/9/2001/18663-20963 dated 08.09.2001, issued by respondent no. 1/Directorate of Education with regard to assessment, evaluation and promotion of students from Class I to Class IX and Class XI, in which instructions were issued under Rule 41 of the Delhi School Education Rules, 1973 (hereinafter referred to as “the Rules”), which empowers the administrator to issue detailed instructions on the advice of the Advisory Board regarding assessment, evaluation and promotion of students from one class to another.
The petitioners had appeared for their final examinations of Class XI held from 8.3.2016 to 21.3.2016 and the results were declared on 31.3.2016.
Petitioner Deeksha Madaan had secured 18.5% in her accountancy paper, with cumulative score being 23.1% and petitioner Aditya Munjal had secured 24% in the final accountancy examination, with cumulative score being 27.8%. The Compartment examination was held on 4.4.2016 wherein petitioner Deeksha Madaan secured 23.3% and petitioner Aditya Munjal scored 30%. After the results, the school barred them from being promoted to class XII.
The court before reaching its final decision, made the following observations (referred to the instructions in the circular dated 8.9.2011)
Thus, taking into consideration the abovementioned points, the court said that:
“In view of the above, it is held that the respondent/school faulted in not holding the Compartment examination in accordance with the circular dated 08.09.2001. The result of the compartment examination of the petitioners is thus quashed. The respondent/school is directed to hold the Compartment examination of the petitioners in accountancy paper immediately after two weeks. The result shall be declared within one week thereafter. In case, the petitioners obtain the qualifying 33% marks in the compartment examination, they shall be promoted to Class XII.”
It was further clarified that the decision will have no bearing on the result of those who had appeared and qualified the Compartment exam. Thereafter, the writ petitions were disposed of without any costs.
Read the Judgment here.