Independent Schools Federation of India v. Central Board of Secondary Education & Anr

SANJIV KHANNA, J. kapil

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 11th August, 2011 % Judgment pronounced on: 1st September, 2011 + Independent Schools" Federation of India (Regd.) ..... Appellant Through: Ms.Shobha, Adv. Versus Central Board of Secondary Education & Anr. ..... Respondents Through: Mr.Amit Bansal, Adv. for Resp.1 Mr.B.V. Niren, CGSC for Resp.2 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA Whether reporters of the local papers be allowed to see the judgment? Yes To be referred to the Reporter or not? Yes Whether the judgment should be reported in the Digest? Yes DIPAK MISRA, CJ The appellant, Independent Schools" Federation of India (for short "the Federation"), claiming to be espousing the cause of the interest of the schools which are affiliated to the Central Board of Secondary Education (CBSE) invoked the jurisdiction of this Court under Article 226 of the Constitution of India and prayed for declaring the Circular No. 39 dated 20th September, 2009 and Circular No. 40 dated 29th September, 2009 issued by the CBSE as unconstitutional and further issue of a writ of certiorari for quashment of the same. 2. It was averred in the writ petition that the CBSE issued the circular dated 20th September, 2009 for introducing the examination reforms and Continuous and Comprehensive Evaluation (CCE) and directed that the senior secondary schools need not undertake the board examination for the 10th class, whereas the schools upto high-school standards shall take up the board examination for the 10th class. Thus, the board examination for class 10th was withdrawn by the CBSE a month prior to the date of examination. The board advised all other schools to award grades to the students of 10th class as per the CCE scheme. On 29th September, 2009, the CBSE issued a circular introducing grading system at the secondary level for class 9th and 10th effective from the academic year 2009-2010. The purpose of issue of the circular, as claimed by the CBSE, was is to reduce the stress on the students and help in making holistic assessment of the students, to minimize the misclassification of the students on the basis of marks and to eliminate unhealthy cut-throat competition among the high achievers. 3. The Federation assailed the circular dated 20th September, 2009 in WP (C) No. 2226/2010 which was disposed of on 7th April, 2010 granting liberty to the Federation to make a representation to the competent authority. The circular dated 29th September, 2009 came to be challenged in WP (C) No. 3433/2010 and this Court vide order dated 19th May, 2010 asked the Federation to submit a representation to the CBSE with a further command that the CBSE shall dispose of the same by a speaking order after affording opportunity to the representatives of the Federation. As set forth, the CBSE rejected the representation on 12th August, 2010 stating therein that the abolition of board examinations could reduce the stress and anxiety of the students and minimise the classification and could help in holistic assessment of the children. The CBSE has issued circulars requiring the schools affiliated to it to follow the Continuous and Comprehensive Evaluation Scheme for assessments. It has laid down the procedure for the same. 4. After the rejection of the representation, the Federation impugned the circulars, which have been mentioned hereinbefore as there had been no adjudication whether the introduction of grading system for class 9th and 10th and abolition of examination in 10th standard is justified in the backdrop of national curriculum framework and sustainable on the anvil of reasonableness. 5. The learned Single Judge expressed the view that an expert body like CBSE has taken the decision by consulting all stakeholders and such a policy decision could not be interfered with on the ground that a better, fairer or wider alternative policy is available. 6. Calling in question the legal pregnability of the order, Ms.Shobha, learn