HC lens on govt order limiting no. of attempts by students to clear Class 9 to 12

Justice Rajiv Shakdher put a stay on the clause mentioned in the circulars issued by the Directorate of Education (DoE) on April 4 , 2018 and August 27, 2019, after a man filed a plea challenging the clause on the basis of which his two sons were denied re-admission.

The Delhi High Court on Friday stayed a clause in two circulars issued by the education department of the Delhi government, which had imposed a cap on the number of attempts by students to clear Classes 9 to 12.

Students prepare for their CBSE senior school certificate examinations for Class XII standard, at the last moments before entering an examination hall in New Delhi. AFP Photo/Raveendran (AFP file photo)

Justice Rajiv Shakdher put a stay on the clause mentioned in the circulars issued by the Directorate of Education (DoE) on April 4 , 2018 and August 27, 2019, after a man filed a plea challenging the clause on the basis of which his two sons were denied re-admission.

As per the existing DoE norm, a student who fails in the “compartment” exams and subsequently also in the annual examination in classes 9 to 12, “would be counselled for choosing other available options” and “will not be readmitted as a regular student”.

The DoE had in April informed the court that in the 2017-18 session, 1 55, 736 students had failed in classes 9, 10, 11, 12. Of these, around 82,153 students were accommodated in regular classes and distance learning mode---Patrachar Vidyalaya and NIOS.

The court while passing the order said that such a clause is a barrier in the way of continuous education of students. He also said that the issue needs deeper consideration and posted the matter for further hearing on December 16.

The court ordered that the two siblings, both students of class 9, be forthwith be readmitted in the same school from where they were denied admission as the students had failed in the same class for two consecutive sessions.

According to the plea — filed through advocates Ashok Agarwal and Kumar Utkarsh — the father of the two students contended that he had also sent a representation to the Director of Education on June 26 with a request to intervene into the matter and re-admit both the wards in the government school. However, he did not receive any response from the authorities.

The court sought the response of the Delhi government on the plea which had sought quashing of both the circulars.

Binay Bhushan, director of DoE, said that the department was yet to receive the court order. “We will analyse the court order and get back. The matter requires to be widely examined,” Bhushan said.