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Judgment
Jyotsna Rewal Dua, J
Civil Writ Petition Nos. 46, 47 and 51 of 2023 were disposed of by the Hon’ble Division Bench of this Court on 13.01.2023. Operative part of the judgment reads as under:-
“7 We have no manner of doubt that taking into consideration the facts and circumstances, the CBSE would have no serious objection in treating the petitioners as private candidates and allowing them to appear in class 12th (Commerce). The CBSE would treat the instant case to one of very few exceptional cases.”
The petitioners preferred these contempt petitions alleging that respondent No.1/CBSE had willfully disobeyed the judgment and was not allowing them to appear for their Class-XII board examination scheduled to begin from 24th February 2023. Following order was passed in the said contempt petitions on 20.02.2023:-
“Ms. Shanta Rani, Assistant Secretary, CBSE is present in person.
Vide judgment dated 13.1.2023, Hon’ble Division Bench of this Court has decided CWPs No. 46, 47 and 51 of 2023. Though, the relief prayed for by the petitioners therein was rejected, an order was passed in following terms:-
“We have no manner of doubt that taking into consideration the facts and circumstances, the CBSE would have no serious objection in treating the petitioners as private candidates and allowing them to appear in class 12th (Commerce). The CBSE would treat the instant case to one of very few exceptional cases”.
By way of these Contempt Petitions, petitioners have alleged that the CBSE has not complied with the aforesaid judgment.
On notice, respondents have submitted their reply. They have also placed on record examination bye-laws of CBSE vide Annexure R-1, annexed to their reply.
Ms. Ritta Goswami, learned Senior Advocate, representing respondent No.1 has made reference to different clauses of these bye-laws, according to which, the CBSE is stated to be having no provisions for allowing private candidates to appear in the examination held by it for Class XII except in cases where a candidate has already taken examination as a private candidate held by Delhi Senior School Certificate (Class XII) Examination and All India Senior School (Class XII) Examination.
The CBSE has also preferred Review Petitions Nos. 7, 8 and 9 of 2023, seeking review of the aforesaid judgment, passed by the Hon’ble Division Bench of this Court.
The issue is contentious. However, the equity lies in favour of all the petitioners in these Contempt Petitions at this stage. Such examinations for Class XII are being conducted by the CBSE and as regards petitioner in Contempt Petition No. 15 of 2023 the examinations are scheduled to be held w.e.f. 21.2.2023.
Since propriety demands that the review petitions filed by the CBSE should be decided by the same bench but due to ongoing winter vacations till 26.2.2023, such possibility is not there.
Thus, in order to save petitioners from irreparable loss, it is ordered that petitioners in these contempt petitions are allowed to appear in their respective examinations held by CBSE purely as provisional candidates. It is clarified that this order has been passed keeping in view the specific fact situation, as detailed above, and this order will not in any manner create equities in favour of the petitioners nor will they be entitled to claim any equity in these petitions as also in review petitions, filed by the CBSE.
Respondent No.1 is exempted from personal appearance till further orders.
List on 27.2.2023.”
Learned counsel for the parties jointly submit that Review Petitions No.7, 8 and 9 of 2023 have been dismissed on 27.02.2023. Thus, there is no impediment in implementing the directions passed in the judgment dated 13.01.2023. Learned counsel for the parties further jointly submit that pursuant to interim order dated 20.02.2023 passed in the present contempt petitions read with judgment dated 13.01.2023, all the petitioners have been permitted to appear in their respective examination held by CBSE.
In view of these developments, learned counsel for the petitioners submits that the grievance of the petitioners raised in these contempt petitions have been worked out at this stage. He, however, seeks liberty to avail appropriate remedy at an appropriate stage in case need so arises in future. Prayer is not opposed by learned counsel for the respondents.
In view of above, the contempt petitions are accordingly closed. Notices issued to the respondents are discharged with liberty to the petitioners to seek appropriate remedy at an appropriate stage in case need so arises for the redressal of their grievances. Pending miscellaneous application(s), if any, also stand disposed of.