CBSE fails to comply with Patna High Court's orders in Sameer Raj vs. Union of India

In Sameer Raj vs. Union of India, the petitioner aged about 10 years had filed a writ application through his guardian/father Arun Kumar Sinha for a direction to the respondent authorities specially C.B.S.E. to permit him to appear in the Board Examination of All India Secondary School Examination (AISSE) 2025 and to direct the C.B.S.E. to allow / accept the registration of the petitioner in C.B.S.E. even though the petitioner is aged about 10 years and 10 months i.e. below 15 years of age. He submitted that the age of 5 ½ year Sameer Raj had taken admission in Class-IV at B.D. Public School, Buddha Colony, Patna in the year 2018 after passing the entrance / admission test of the School for Class – IV. He passed Class - IV with A1 and A2 Grade in most of his subjects and was promoted to Class – V and he passed successive examinations of Class-V, VI with exceptional Grade having Grade A1 and A2. In Class - VII and VIII the he obtained 91% and 95.83 % respectively and was promoted to Class - IX at the age of 9 ½ years. According to counsel for the petitioners, the Sameer Raj is exceptionally meritorious and can clear the 2025 Board Examination.

Sameer Raj had taken admission in Class-IV at B.D. Public School, Buddha Colony, Patna in the year 2018 after passing the entrance/admission test of the School for Class – IV at the age of 5 ½ years. He passed Class - IV with A1 & A2 Grade in most of his subjects and was promoted to Class – V and further he passed successive examinations of Class-V, VI etc. with exceptional Grade having Grade A1 and A2. In Class - VII and VIII he obtained 91% and95.83 % respectively and was promoted to Class - IX at the age of 9 ½ years. It was argued that he is exceptionally meritorious and can clear the 2025 Board Examination. It was submitted that Bye-Laws of the C.B.S.E.,  Clause 6.1(a) (iii) does not empower the C.B.S.E. to prescribe the minimum and maximum age limit of students for admission and a student is required to satisfy the minimum / maximum age limit as fixed by State / U.T. Government where the School is located.

The Bihar Education Code, 1961 prescribes that ordinarily no child under the age of five should be admitted to a Primary or Senior Basic School. Sameer Raj was admitted directly in Class -IV. He was admitted to primary school within the prescribed age. Referring to Article 6 (viii) of the Code, petitioner's counsel submitted that Primary School is up to Class - V and he took admission in Class – IV at the age of 5 ½ years as such as per the Code he got admitted after five years in Primary School. 

Justice Anil Kumar Sinha of Patna High Court observed: "Upon purposeful reading of the provisions of the Code and the Bye-Laws of the C.B.S.E., I am of the opinion that a student below the age of 05 years cannot be admitted in Class -I and if a student is getting admission above Class-I, he shall be admitted in higher class at appropriate age meaning thereby above the age of 05 years. For example, if a student is getting admission directly in Class -V, then his age should be 09 years.  However, Article 291 of the Code starts with the word “ordinarily” as such, the age prescribed is meant for normal circumstances. If any student is child prodigy and has exceptional merit, in that case Article 291 of the Code may not be treated as absolute and in case of exceptional merit of a student he may be allowed to appear in the Board Examination even below the prescribed age."

Justice Sinha noted that "Though minimum cut off age for getting admission is provided under the Code / Bye- Laws of the C.B.S.E. but in extraordinary situation exceptionally meritorious candidate can be allowed to appear in the Board examination even if he / she is under age. However, extraordinary intelligence / merit of such candidate can be tested by the Examining Body i.e. C.B.S.E. The permission to take the Board Examination for under age student can only be granted in exceptional circumstances for which C.B.S.E. is the best Judge."

The Court's order reads:"Considering the aforesaid discussions and the results shown by the petitioner no. 1, in my considered opinion, the petitioners may file a representation before the Chairman of the C.B.S.E. along with all relevant papers / results of the petitioner no. 1 within a period of twenty days from today and if such a representation is filed, the Chairman of C.B.S.E. is directed to consider the same. If the petitioner no. 1 is found exceptionally meritorious and the Chairman of C.B.S.E. is satisfied, then petitioner no. 1 shall be allowed to participate in the Board Examination to be held in 2025. He may issue appropriate direction in this regard within a period of two months from the date of receipt of representation of the petitioners". The order was passed on January 11, 2024 and uploaded on January 17, 2024. The case was filed on Novemeber 1, 2023 and registered December 6, 2023. Almost one year has passed since the registration of the case but the petitioner has not recieved the relief he had prayed for. A contempt petition- MJC-1496/2024- was filed on April 24, 2024 which was registered on April 29, 2024.

 

Justice Anjani Kumar Sharan heard the counsels for the parties in Civil Writ Jurisdiction Case No.10321 of 2024 on August 28, 2024 and directed "the State and C.B.S.E. are directed to file para-wise reply to the writ petition within four weeks." It was filed on June 24, 204 and registered on July 8, 2024. The order reads: "Put up this matter on 25.09.2024." Now the matter is listed before the bench  of Justice Prabhat Kumar Singh. The non-compliance by CBSE in the case concerning the career of a student is inexplicable.