Partly allowed

Arman S/O Surendra Kumar v. Central Board of Secondary Education

Rajasthan HC6 Aug 2025CW/10590/2025

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a minor student for directions to allow participation in a Class-XII improvement examination and declaration of results. The court noted the student had been compensated by the school and was allowed to take the exam via interim order.

What did the court decide?

Directed the respondent-CBSE to declare the petitioner's result within one week.

Arman S/O Surendra Kumar Vs Central Board of… — Writ and Judicial Review | Rajasthan HC (2025)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 10590/2025

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Arman S/o Surendra Kumar, aged about 17 years, Minor through his legal Guardian Surendra Kumar S/o Shri Munshi Ram Madan, aged about 48 years, Resident of 1065, Rani Sati Nagar, Nirman Nagar, Jaipur (Raj.)

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----Petitioner

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Versus

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Central Board Of Secondary Education through Secretary, Preet Vihar, New Delhi

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Regional Officer, CBSE Regional Office, Ajmer

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Mahapragya International School through Principal Nirman Nagar, Jaipur

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----Respondent

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For Petitioner(s)	: Mr.	AnuragShukla
For Respondent(s)	: Mr.	M.S.Raghav
	Mr.	Aditya Pareek

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JUSTICE ANOOP KUMAR DHAND

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Order

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06/08/2025

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The instant writ petition has been filed by the petitioner with the following prayer:-

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“(i) by an appropriate writ, order or direction, in the nature thereof the respondents may kindly be directed to allow the petitioner to participate in the improvement Examination of Class-XII Subject Chemistry and further declare the result of the petitioner including the marks of Improvement Examination.

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(ii) Any other order, which this Hon'ble Court deem just and proper may kindly be passed in favour of the petitioner.

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(iii) Cost of the writ petition may kindly be awarded in favour of the petitioner.”

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[CW-10590/2025]

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(2 of 5)

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By way of filing this writ petition, the petitioner is seeking direction against the respondents to allow him to participate in the improvement examination of Class-XII in the subject Chemistry and to declare his result of the aforesaid examination.

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Learned counsel for the petitioner submits that the petitioner appeared in Class-XII Examination, 2025 but he failed in one subject i.e. Chemistry, hence he was supposed to repeat the paper of the aforesaid subject. Counsel submits that for appearing in the aforesaid subject, the petitioner deposited the requisite charges of Rs. 300/- for the improvement examination paper in the school and receipt in this regard was issued by the school but inspite of the above, the petitioner was not allowed to appear in the aforesaid examination by the Central Board of Secondary Examination (for short, ‘the CBSE’) which was scheduled to be held on 15.07.2025. Counsel submits that when the matter was inquired from the school, the petitioner came to know that the examination form was not forwarded by the school authorities to the CBSE. Counsel submits that there was no fault on the part of the petitioner when he was already submitted his examination form with requisite fee. Counsel submits that it is the bounden duty of the school to forward the examination form of the petitioner to the CBSE. Counsel submits that under these circumstances, the petitioner approached this Court for redressal of his grievances.

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Per contra, counsel for the respondent-CBSE submitted that the examination form of the petitioner for appearing in the improvement paper i.e. Chemistry was never received by the CBSE from the school, hence he was not allowed to appear in the

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[CW-10590/2025]

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(3 of 5)

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aforesaid examination. Counsel submits that on 21.05.2025, 05.06.2025 and 16.06.2025 thrice reminders were sent to the School for sending the examination form of all the students who want to appear in the improvement papers but inspite of the above, the school has not forwarded the examination form of the petitioner, hence there was no fault on the part of the CBSE for not permitting the petitioner to appear in the examination. Counsel submits that this Court vide order dated 14.07.2025 passed an interim order directing the respondent-CBSE to allow the petitioner to take the aforesaid examination. In complaince of the aforesaid order, the petitioner was permitted to appear in the exam. However, this Court restrained- the CBSE to declare his result of the aforesaid examination without taking prior permission of the Court.

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Counsel for the respondent-school submits that due to bona fide mistake on the part of the school authorities, the examination form of the petitioner could not be forwarded to the CBSE. Counsel submits that the aforesaid mistake was occurred bona fidely and it was not intentionally. Therefore, the petitioner has been compensated for the same by paying the amount of Rs. 1,10,000/- through demand draft in the name of the petitioner's father who is present in the Court and also received the same. Counsel undertakes that similar mistake will not be occurred in future.

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Heard and considered the submissions made at Bar and perused the material available on record.

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Perusal of the record indicates that the petitioner appeared in the Senior Secondary Examination, 2025 conducted by the

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[CW-10590/2025]

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(4 of 5)

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CBSE but he failed in one subject i.e. Chemistry. Thereafter, the petitioner submitted an application form to re-appear in the said paper and for that purpose a requisite fee of Rs. 300/- was also deposited by the petitioner in the school and the school has issued a receipt in this regard to the petitioner on 10.06.2025.

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It is really quite shocking and surprising on the part of the school authorities that they have withheld the examination form of the petitioner and not forwarded the same to the Board inspite of reminders issued by the CBSE not only once but thrice. Such casual approach on the part of the school is an attempt to spoil the future and one year academic career of the petitioner. The respondent- school is not expected to act in such casual manner for causing harassment and mental agony to the petitioner by creating an obstacle in his future academic career. The respondent is liable to compensate the petitioner adequately for their gross negligence. It is relevant to note on account of the mistake and negligence on the part of the school not only the petitioner has suffered but the respondent-CBSE has also been unnecessarily dragged into the litigation and has been compelled to incur the litigation expenses of the present case despite there being no fault on their part.

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Considering the above factual aspect of the matter, the petitioner has already been compensated by the school by making a payment of Rs. 1,10,000/- through demand draft which has been received by the petitioner’s father, who is present in the Court and the petitioner has already been allowed to appear in the repeat paper of Chemistry subject by passing the interim order dated 14.07.2025, thus the instant petition stands disposed of by

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[CW-10590/2025]

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(5 of 5)

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issuing a direction to the respondent-CBSE to declare the result of the petitioner within a period of one week.

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Stay application and all pending application(s), if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/119

Arman S/O Surendra Kumar v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Arman S/O Surendra Kumar v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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