Sagar Tomar vs C.B.S.E.

Gita Mittal, J.—This petition has been filed by the petitioner seeking appropriate writ to issue directing the respondent to accept his examination form and permitting him to appear in the senior secondary examination in the subject of Biology (having the code 044) as an additional subject as a private candidate in the academic session 2004-2005. According to the writ petitioner, he has passed the senior secondary school examination from the Central Board of Secondary Education in the academic year 2003-2004 having Physics, Chemistry, Maths, English and Physical Education as his subjects. After passing the said exam, the petitioner found himself inclined towards making a career in medicine. He was informed that in order to join medicine, he was required to have offered Biology in his class 12th course to render him eligible for admission to medical courses. In order to fulfill such aspirations, the petitioner approached the Kendriya Vidyalaya, Sikh Line, Meerut in July for guidance when he was advised to take biology as an additional subject and appear in the board examination for biology as a private candidate.

It is submitted that the Principal of the said school exercised discretion and permitted the petitioner to join theory and practical classes in biology for 10+2 in the school with effect from 1st July, 2004. The petitioner relies upon a certificate dated 17th July, 2004 issued by the Principal of the school to this effect. According to the petitioner, the examination bye laws and the senior school curriculum issued by the respondent permit a candidate to offer an additional subject. The petitioner submits that he is eligible having regard to the senior school curriculum and the examination bye laws to take biology as an additional subject. Reliance is placed on Clause 2.8 of the Senior School Curriculum and the scheme of studies of the Examination Bye Laws of the Central Board of Secondary Education.

The petitioner states that he filled the examination form for taking the examination as a additional subject on the 31st August, 2004 alongwith the requisite examination fee of Rs. 250/- vide a demand draft dated 31st August, 2004. The petitioner also separately filled the form for pre-medical/pre-dental examinations-2005.

It is contended that the form of the petitioner was illegally rejected by the regional office of the Central Board of Secondary Examination at Allahabad vide memorandum dated 7th October, 2004 on the ground that subject of biology involves practicals and that the same cannot be taken as a private candidate as per the examination bye laws of the respondent. The petitioner submits that he made a representation in this behalf to the respondent board which rejected the same vide a letter dated 28th December, 2004. This communication has been impugned before me on the ground that it is in violation of the examination rules of the CBSE.

The respondent have contested the matter, inter alia, on the ground that in Rule 19(v) of the Examination Bye-Laws, private candidates are not allowed to offer such subjects for the examination which involve practical work except in the case of candidates who had failed earlier and had put in a regular course of study in such subject in an institution affiliated to the board in the previous academic year. The only exception provided is to female candidates who are permitted to offer home science with practical. The respondent also contends that in terms of the Examination Bye Law 16, private candidates are defined as persons who are not regular candidates but are permitted to undertake and/or appear in the examinations under the provisions of bye laws. It is submitted that such candidates have been more specifically defined in Rule 18 and Rule 43.

According to Ms. Manisha appearing for the respondent, the petitioner is seeking to take biology as an additional subject. The petitioner has passed the class 12th examination and therefore cannot be admitted to class 12th. It is stated that the spirit, intendment and purpose of the rules is to the effect that a candidate is permitted to take an additional subject and appear as a private candidate only in such subjects which entail no practical. If this was not so, the same would result in an inbuilt contradiction inasmuch as science subjects necessarily entail practical work and there has to be training and assessment thereof.

I have perused the record of the case and have been taken through the Examination Bye Laws of the respondent as well a s the Senior School Curriculum. As per the lay out of the Examination Bye Laws, Rules 16 to 21 govern private candidates. Provisions of the bye laws relevant to the present case are set out hereinabove:

Private Candidates

Definition

For the purposes of the byelaws contained in this chapter and in chapter 5, unless there is something repugnant in the subject or context, a "Private Candidate" means a person who is not a Regular Candidate but, under the provisions of these byelaws, is allowed to undertaken and/or appear in the All India/Delhi Senior School Certificate Examination or All India/Delhi Secondary School Examination of the Board.

Procedures for Submission of Applications of Private Candidates at All India/Delhi Senior School Certificate Examination (Class XII)

(v) Private candidates shall not be allowed to offer such subjects for the examination which involve practical work except in the case of candidates who had failed earlier and who had put in a regular course of study at an institution affiliated to the Board in the previous academic year. However notwithstanding this condition, female candidates may offer Home Science with practical.

Persons eligible to appear as a Private Candidate for All India Secondary School Examination

(i) A candidate who had failed at the All India Secondary School Examination of the Board, will be eligible to reappear at the subsequent examination as a private candidate in the Syllabus and text books as prescribed for the examination of the year in which he will reappear.

(ii) Teachers serving in institutions affiliated to the Board.

Additional Subject(s)

A candidate who has passed the Secondary/Senior School Certificate Examination of the Board may offer an additional subject as a private candidate provided the additional subject is provided in the Scheme of Studies and is offered within FIVE YEARS of passing the examination of the Board. Exemption from time limit may be granted by the Chairman in deserving cases. Facility to appear in additional subject will be available at the annual examination only.

Private candidate is defined only in Rule 16. As per the definition of a private candidate, it means any student who is not a regular candidate but is permitted to take the examination of the board. Rule 19 provides the procedure for submission of applications of private candidates at the class 12th examination.

It is not disputed that the petitioner is proposing to take the examination in biology as an additional subject as a private candidate. He admittedly has no admission to any regular school for this purpose.

Perusal of the scheme of the said bye laws shows that Rule 19(v) stipulates that private candidates shall not be allowed to offer such subjects for the examination which involve practical work except in the case of candidates who had failed earlier and who had put in a regular course of study at an institution affiliated to the respondent board in the previous academic year. Rule 19(v) is not restricted in its application only to candidates who have failed at the all India secondary school examination of the Board. Provision for such candidates has been made under Rule 21 of the Examination Bye Laws.

I find no force in the submissions on behalf of the petitioner to the effect that Rule 43 has to be read in isolation and that the provisions of Rule 19(v) would not guide or control the same. The scheme of the entire examination bye laws has to be examined and applied in order to arrive at a meaningful result.

I find that the petitioner has submitted that he has taken casual admission in the Kendriya Vidyalaya at Meerut to pursue biology as an additional subject. Learned Counsel for the respondent submits that there is nothing called a "casual admission" and that the petitioner cannot place any reliance on a certificate which is in total violation of the applicable rules. However, it is apparent that the petitioner was conscious of the requirement of pursuing a regular course in case the additional subject entails practicals. It is for this reason alone that the petitioner would have pursued biology as claimed at the said school.

In the prayer clause, the petitioner has also sought permission to take the examination as a private student. There is a prohibition contained in Rule 19(v) for a candidate to take a subject which involves practicals. In my view, Rule 19(v) is the only rule which provides the procedure for submission of application of private candidates. The only three kinds of situations contemplated where a student is permitted to appear as a private candidate are provided in Rule 18, 42 and 43. Private students who are compelled to take compartment examination on account of having failed in one or other subject (as provided in Rule 42); or students who have failed in the class 12th examination at the all India senior school certificate examination (provided under Rule 18) and a candidate who has passed the senior school certificate examination of the board but is offering an additional subject as a private candidate (provided under Rule 43) have to comply with the requirements of Rule 19 which provides the procedure.

In this view of the matter, the petitioner is not entitled to the relief sought in the present writ petition. The petitioner could not have taken biology as an additional subject as a private candidate.

I find no merit in the writ petition which is hereby dismissed.