Full Judgment Text
$~93
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Decided on: 26 March, 2021
+ W.P.(C) 7222/2020 & CM APPL. 24392/2020 (directions)
PARENTS FORUM FOR MEANINGFUL EDUCATION
..... Petitioner
Through: Counsel (appearance not given)
versus
CENTRAL BOARD OF SECONDARY EDUCATION
THROUGH: SECRETARY, CBSE, & ORS. ..... Respondents
Through: Ms. Seema Dolo, Adv. for R-1.
Mr. Archit, Adv. for Mr. Jawahar
Raja, ASC (C) GNCTD for R-2.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JASMEET SINGH
JUDGMENT
: D.N.PATEL, Chief Justice (Oral)
1. This so called public interest litigation has been preferred with the
following prayers:-
“ 1. 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 Hon’ble Court
to direct R2 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 to
W.P.(C) 7222/2021 Page 1 of 4
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By:AMIT ARORA
Signing Date:03.08.2021
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protect their eligibility to take the Board Examination
conducted by R1 for the classes X and XII;
2. Establish an empowered committee to examine and submit a
report to this Hon’ble Court for necessary standards and
standards for their implementation:
(i) for fixation of norms of fee for Board Examination by R1
for the children studying in the schools run by R2 in classes
for the Board Examination;
(ii) for ensuring that the children in schools run by R2 receive
the minimum learning environment and opportunity for equal
chances of success at the Board Examination conducted by R1
for an acceptable level of parity with other examinees taking
the said examination conducted by R1;
3. Issue a writ of Mandamus directing R3 to intervene and
direct R1 to necessary directions in matter of fee demanded
from children studying in schools of R2 for academic year
2020-2021 ensuring that no prejudice is caused to eligibility of
any child taking Board Examination for the year 2021 for
class X and XII in schools run of R2 on account of non
payment of such fee;
4. Issue such other or further writ, order or direction as
deemed fit and just by this Hon’ble Court to meet the ends of
justice and fairplay.”
2. Having heard the learned counsels of both the sides and looking into
the facts and circumstances of the case it appears that this is not a Public
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By:AMIT ARORA
Signing Date:03.08.2021
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Interest Litigation at all. This is a Publicity Interest Litigation. It further
appears from the facts of the case that this petitioner is in search of
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concession to be given in fees for board examination for standard 10 and
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standard 12 .
3. Looking into the counter affidavit filed by the respondents it is
apparent that financial burden by virtue of waiving off fees is tremendous
upon the government. It ought to be kept in mind that every governmental
body has its own budgetary provisions. We, while exercising the powers
under Article 226 of the Constitution of India, cannot imbalance the
budgetary provisions of the government. Charity beyond law is cruelty to
others. There is no right vested for full waiver of the examination fees or
partial waiver of the examination fees. It all depends upon facts and
circumstances of the case and it will vary from year to year.
4. It appears that in the previous year some concession was given by the
respondent state which they do not want to continue for the academic year
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2020-2021. Waiver of the examination fees for standard 10 and 12 is a
complex policy decision to be taken by the respondents which depends upon
a variety of factors like availability of the funds with the government, the
priority of the government for expenditure of the public money, the
minimum public works that are to be done by the government/governmental
authorities during the pandemic situations, etc.
5. Hence, we see no reason to entertain this writ petition and we are not
inclined to give any directions to the respondents for the waiver of the fees
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for standard 10 and 12 examinations. Nonetheless, it is left at the
discretion of the government looking to their income and expenditure to be
incurred by them as per priority, they may give portion or full concession
depending upon the facts and circumstances of each case.
6. With these observations, this writ petition is hereby dismissed.
CHIEF JUSTICE
JASMEET SINGH, J
MARCH 26, 2021
‘sr’
W.P.(C) 7222/2021 Page 4 of 4
Signature Not Verified
Digitally Signed
By:AMIT ARORA
Signing Date:03.08.2021
15:19:32