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Delhi HC permits student to appear in exam after CBSE stops her for late submission of domicile certificate

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New Delhi [India]: The Delhi High Court on Monday permitted a class 10 girl student to sit for exams after she was stopped by the CBSE board for examinations on account of late submission of domicile certificate.
The Court said said that the student had been stopped for giving her examinations even though she had issued an admit card.

The High Court said, “After issuing the admit card, stopping the student from entering the examination hall is unthinkable. The CBSE has no right to do so.”

Justice C Hari Shankar permitted the student to appear in the class ten examinations conducted by the Central Board of Secondary Education (CBSE).

The High Court passed the direction on the petition moved by a minor student through her mother.

The High Court said, “This is completely unacceptable. The CBSE is expected to be vigilant regarding the entitlement of the students to appear in the examination.”
“It is inhuman to first issue an admit card to a student, and when the student appears for the examination, make her stand outside the examination hall,” Justice Hari Shankar expressed his displeasure.

The High Court directed that the student will forthwith be entitled to undertake the examination.

She will also be given extension of time for completing the paper to compensate the time for which she has had to wait outside the examination hall without undertaking the examination so that she is provided the same time to complete the paper as all other students, the court further directed.

The High Court also clarified that if any other candidate, who has been thus held up outside the examination hall for want of uploading the domicile certificate in time, all such students will be entitled to undertake the examination with extension of time as noted above.
“Needless to say, this would be subject to the outcome of the present writ petition. The permission to undertake the examination shall also be extended to the remaining papers which the students have to undertake,” the bench said.

While issuing notice to CBSE and others , the High Court directed to file an affidavit withing two weeks. Advocate Atul Kumar accepted notice for the respondents.
The matter has been listed on April 1, for further hearing.

The petitioner is a private girl candidate undertaking Class X examinations conducted by the CBSE. Notice dated 5 September 2023 issued by the CBSE, governing such candidates, requires the candidate to upload along with the application for appearing in the examination, the domicile certificate, certifying that the student is a resident of Delhi.

This requirement, I have been informed in other similar cases, was introduced for the first time this year. Many students who desired to apply for the examination were, therefore, unaware of the requirement of uploading a domicile certificate till the issuance of the notice by the CBSE on 5 September 2023, Justice Hari Shankar said.
The court noted that the petitioner uploaded her application form for appearing in the Class X examination on the website of the CBSE on 3 October 2023.

“Unfortunately, she did not have a domicile certificate with her at that time. She applied for her domicile certificate in December 2023. The certificate was actually obtained by her on 24 January 2024,” the High court noted.
As the certificate could not at that stage be uploaded on the website of the CBSE, she physically submitted the certificate to the CBSE on 31 January 2024. She was issued an admit card, permitting her to appear in the examination on 15 February 2024, the High court stated.

The High court noted that on the basis of the said admit card, the petitioner has undertaken the first paper of her Class X examination on 21 February 2024. She has, however, been stopped at the entrance of the Examination Hall this morning and has not been permitted to enter and undertake her second paper. 

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