High CourtsDivision Bench(2020) 02 DEL CK 0514

Ravinder Nath Dubey vs Central Board Of Secondary Education Through Its Chairperson

Delhi High Court · Decided on 18 February 2020

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, CJ · C. Hari Shankar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 1876 Of 2020, Civil Miscellaneous No. 6599 Of 2020

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Judgment

21 paragraphs · 349 words

D.N. Patel, CJ

1.

This so-called Public Interest Litigation has been preferred with the following prayers:

“(a) Pass an appropriate writ, order or direction in the nature of mandamus directing the respondent to rectify the error in marking

scheme-2019-2020 accountancy of class 12th sample question papers, in the interest of justice.

(b) Pass any other and further order as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case.â€​

2.

We have heard the petitioner in person and the counsel appearing for the respondent at length. This petitioner is a tutor, as submitted by him, and is

giving private tuitions.

3.

Looking to the facts of the case, it appears that this petition has been preferred for so-called wrong answers given by the respondent in their

Sample Accountancy Paper. It appears that this is not an examination paper at all for the XIIth standard in Accountancy subject. This type of sample

papers are given by the respondent Board so that students can practice at home.

4.

Thus, for practicing for the final examination, some question papers have been drafted by the respondent and the answers have also been provided

by the respondent.

5.

This petitioner is finding fault with some answers provided by the respondent in a practice/sample papers, which has nothing to do with the final

examination of the XIIth standard.

6.

Thus, we see no reason to entertain this writ petition because practice/sample papers are only for practice for the students who are going to appear

in XIIth standard Accountancy paper. Some questions have been drafted by the respondent and the answers have been given.

7.

Hence, we see no reason to entertain this writ petition as no error has been committed by the respondents in their final examination papers for XIIth

standard.

8.

Besides, we note that the representation, by the petitioner to the CBSE, on this score, stands rejected by the CBSE. We cannot sit in appeal over

the decision of the CBSE in this regard.

9.

With the aforesaid observations, this writ petition is hereby disposed of.