Published: 26th March 2021
Delhi HC refuses to entertain plea against increasing Board examination fee for Classes 10, 12
It has also sought to issue necessary directions in matters of fee demanded from children for the academic year 2020-2021
The Delhi High Court on Friday dismissed a petition against increasing the examination fee for Class X and XII Board examination for the year 2021 and sought a permanent solution relating to the exam fee demanded from students appearing in the Board Examinations.
A Division Bench of Chief Justice DN Patel and Justice Jasmeet Singh while passing the order said: "We see no reason to entertain and intend to give any direction for waiver of the fee."
The High Court Bench also observed that the financial burden by virtue of waiver is tremendous. Every government has its budgetary provisions. Under Article 226 jurisdiction, we cannot imbalance the budgetary provisions of the government.
The Public Interest Litigation (PIL) was filed by a registered society, Parents Forum for Meaningful Education.
"CBSE, for the year 2019-2020 arbitrarily enhanced its examination fee for Class X and Class XII Board examination by two folds as compared to the year 2017-2018 and several folds as compared to the year 2014-2015," the petitioner earlier said.
The PIL read: "Issue a writ in nature of Mandamus, certiorari, quo- warranto or such other appropriate writ order or direction to the Respondents as deemed fit and just by this Court to direct R2 (Delhi government) to permanently sort out the matter of payment of the fee for students in its school for the Board Examination for Class X and Class XII with other Respondents 1 and 3 (CBSE, Delhi government and Centre) to protect their eligibility to take the Board Examination conducted by R1 (CBSE) for the classes X and XII."
The petition also sought to establish an empowered committee to examine and submit a report to this court for necessary standards and standards for their implementation relating to fixation of norms of fee for Board Examination by CBSE for the children studying in the schools run by the government in classes.
It has also sought to issue necessary directions in matters of fee demanded from children for the academic year 2020-2021 ensuring that no prejudice is caused to the eligibility of any child taking Board Examination for the year 2021 for class X and XII on account of non-payment of such fee.
"The children have a right to education guaranteed by the Constitution. A fair examination is the culmination of that process. The Respondents cannot conduct their affairs in any manner as works prejudicial to the interests of the students," the petition read.
The Delhi government has not only failed to sort out the matter as promised last year but this year it has declined to meet the steep fee obligation thereby abandoning lakhs of children in class X and XII in its schools, the plea stated.
"This has directly hit children hailing from economically poor sections who are from economically weak and deprived sections of the society studying in the government and aided schools in class X and Class XII under R2 and are consequently imperilled and if not rescued will get left abandoned which cannot be acceptable to any responsible state," the plea read.
The petitioner submitted that these can be achieved by respondents sorting out the steep rise among themselves or any such or similar inter adjustment between themselves since they are accountable and bound by the same constitution.
The petitioner claimed that this petition is preferred in the public interest for the sake of relief of the lakh of students studying in class X and XII and eligible to take the Board Examination for the academic year 2020-2021 in the year 2021.