Chhattisgarh High Court halts mother’s transfer to shield son’s CBSE Class 10 exams under new dual-test policy

Justice Sahu stayed the transfer order of the supervisor. (Image enhanced using AI)

Considering the CBSE’s June 2025 policy, which allows Class 10 students to appear in the second phase of the examination to improve their results, the court stayed the routine state relocation orders during active examination cycles.

Exam vs transfer order

• The petitioner, Alpna Dubey, serves as a supervisor in the Department of Women and Child Development and is currently stationed at the Integrated Child Development Project in Seepat, Bilaspur district.
• On March 6, 2026, she was ordered to transfer to the Balauda project in Janjgir-Champa district.
• Appearing for the petitioner, advocates R S Baghel and Aditya Sharma submitted that no reason has been assigned for her transfer in the transfer order, and further submitted that the petitioner’s child is a Class 10 student whose exams are going on.
• They added that according to the CBSE’s policy, students of Class 10 can appear in the second phase of the examination for improvement of their result, if they so desire, and the second examination will be held in the month of May 2026.
• They stated that if the petitioner has to join work at the place to which she has been transferred, then her child may face difficulty in appearing for the second exam which is to be held in May.
• They highlighted that this may adversely affect his career and, therefore, the order of transfer of the petitioner should be interdicted.

State’s stand

• Representing the state, advocate Aditya Tiwari submitted that the order reflects that although the order was passed during the ban period, approval has been taken.
• However, he does not dispute the documents enclosed along with the petition for the policy of the CBSE permitting Class 10 students to appear in the examination twice.
• While the first examination is held from February to March 2026, the second examination is tentatively to be held in May 2026.

Court directs status quo

• The petitioner’s child is a student of Class 10 at St Xavier’s Higher Secondary School, Kota Road, Bharni, Bilaspur.
• The child has an opportunity to appear for the second examination of Class 10, scheduled for May 2026.
• It is directed that status quo shall be maintained by the parties with respect to the petitioner’s posting till a decision is taken on the representation.

Instances when courts came to rescue a student’s career

• The Delhi High Court recently issued a mandamus directing the CBSE to rectify clerical errors in the subject registration of three Class 12 students.
• While rejecting the board’s objection on February 3, the court said, “the academic careers of the petitioners are at stake, and the petitioners, for no fault of theirs, have been shown as students of the wrong subjects.”
• In February, the Delhi High Court dismissed the CBSE‘s plea against a single judge order that permitted private candidates to appear for ‘additional subject’ examinations for the 2025-2026 academic session.
• While dealing with a CBSE’s plea against the single judge order, the Delhi High Court’s division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said that the CBSE’s action “jeopardised” students’ educational career.
• The Calcutta High Court, in February, refused to interfere with a school’s decision to debar a Class 12 student from appearing for the 2026 CBSE board examination due to a significant shortfall in attendance.
• “A school student ought to follow and comply with all the rules and regulations maintained by the school so that the student can grow up as a responsible citizen of the country,” the court said on February 13.