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Tuesday, July 27, 2021

‘Can’t approach court at 11th hour’: Delhi HC refuses to stay CBSE Class X results

The plea in HC had prayed that all CBSE-affiliated schools be directed to publish 'the rationale document', containing the criteria for assessment of Class X students, before the results are declared.

By: Express News Service | New Delhi |
Updated: July 1, 2021 8:29:58 am
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Declining to entertain an application praying that all CBSE-affiliated schools be directed to publish “the rationale document” — containing the criteria devised for assessment of Class X students — before the results are declared, the Delhi High Court Wednesday pulled up the petitioner for approaching the court at the eleventh hour, saying the results cannot be stayed at this stage.

“If there is some decision which is taken and has a bad result, you come with particular examples. This is all based on the anticipation that someone will be vindictive, that CBSE would be vindictive because we are parents espousing some cause…Where are you getting all this from? Where are you seeing all these ghosts,” observed the vacation bench of Justices Manmohan and Navin Chawla.

The court was hearing the application moved by NGO ‘Justice for All’ in a pending PIL seeking modification of the policy for tabulation of Class X results based on internal assessment by the schools.

The schools have been asked by the CBSE to upload the marks of Class X students by June 30 on a link provided. Due to the pandemic, the CBSE had cancelled the exams in April, and in May announced the policy for tabulation of results by schools.

“You never filed an application for interim stay but now you are trying to take a chance before the vacation bench. Do you think that you will come at the eleventh hour and get everything stayed? You are taking it as a game of chance. Litigation is not a game of chance. The matters are decided after hearing the parties,” said the court.

Observing that the petitioner was before the court as a public interest litigant, the bench told the NGO to not behave like an “ordinary litigant” and “a petty commercial litigant”. “You have to raise your level. You have to maintain a very high standard if you are invoking public interest,” it added.

The court further said that when the roster bench gave a date for hearing of the PIL in August, the petitioner knew the results would be out by then. “You knew that. You never told the roster bench that ‘don’t give me a date of August 27; the writ petition would become infructuous’,” the bench said.

Following the hearing, Justice for All withdrew the application. The court gave the NGO the liberty to file an application for early hearing of the PIL seeking modification of the policy before the roster bench.

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