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2026 DAILYLAW 17442 (JHR)

ADITI KUMARI v. THE CHAIRMAN CENTRAL BOARD OF SECONDARY EDUCATION

WPC/3467/2021 · 2026-06-18

Sri Ananda Sen

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:17672 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3467 of 2021 ------ 1. Aditi Kumari, Daughter of Anuj Kumar Singh, Resident of Village-Bhandardih, PO-Udaigarh, PS-Chhattarpur, Dist- Palamau, represented through legal guardian and father of minor, Anuj Kumar Singh, S/o Sri Gopal Prasad Singh, Resident of Village- Bhandardih, PO-Udaigarh, PS- Chattarpur, Dist-Palamau. 2. Ansh Raj, S/o Ramjanam Kumar, R/o Village-Marwa PO- Udaigarh, PS-Chhhattarpur, District Palamau, represented through legal guardian and father of minor Ramjanam Kumar, S/o Jangu Ram, R/o Village- Marwa, PS-Udaigarh, PS-Chhattarpur, Dist-Palamau. 3. Satyam Kumar @ Satyam Gupta, S/o Dayanand Prasad, R/o Village & PO & PS-Chhattarpur, District-Palamau, represented through legal guardian and father of minor Dayanand Prasad, S/o Late Dukhan Saw, R/o Village & PS & PS-Chhattarpur, Dist-Palamau. 4. Himanshu Kumar, S/o Yogendra Prasad, R/o Village-Bara, PO & PS-Chhattarpur, Dist-Palamau, represented through legal guardian and father of minor, Yogendra Prasad, S/o Ramjatan Prasad, R/o Village-Bara, PO & PS-Chhattarpur, Dist- Palamau. … … Petitioner(s) Versus 1. The Chairman, Central Board of Secondary Education (CBSE), Shiksha Kendra, Delhi, at Siksha Kendra-2, Community Center Preet Vihar, PO & PS Center Preet Vihar, Dist-Delhi, State-Delhi. 2. The Secretary, Central Board of Secondary Education (CBSE), Shiksha Kendra, at Shiksha Kendra-2, Community Center Preet Vihar, PO & PS Center Preet Vihar, Dist-Delhi, State-Delhi. 3. The Deputy Secretary, Affiliation (CBSE), Shiksha Kendra, Delhi, at Shiksha, Kendra-2, Community Center Preet Vihar, PO & PS-Center Preet Vihar, Dist-Delhi, State Delhi. 4. The Regional Officer, Central Board of Secondary Education Patna, At-8th Floor BSFC, Fraser Road, PO & PS-Dist-Patna, State-Bihar. 5. The Principal Secretary, Department of School, Education and Literacy, Govt. of Jharkhand, Dhurwa, Ranchi, at Office Dhurwa Project building, PO & PS-Dhurwa, Dist-Ranchi. 6. The District Education Officer, Palamau at Office of DEO, Palamau, PO & PS-Daltonganj. 7. The Principal of Elite Public School, Chianki, Medininagar, At Chianki, PO-Chianki, PS-Sadar, Dist-Palamau. 8. The Director of Elite Public School, Chianki, Medininagar, At Chianki, PO-Chianki, PS-Sadar, Dist-Palamau. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Sheo Kumar Singh, Advocate For the Respondent(s) : Mr. Ashish Jha, Advocate 2026:JHHC:17672 2 Mr. Kumar Nischay, Advocate Mr. Gaurabh Abhishek, Advocate ------ 02/ 18th June, 2026 1. Heard the parties. 2. It is the case of the petitioners that the petitioners were students and during the COVID period their examination for Class-X Boards were supposed to be held by Central Board of Secondary Education (CBSE). Due to the outbreak of COVID, the regular examination was not held and modality was decided how to allot marks to the students who supposed to appear in the Board Examination. The aforesaid modalities were formulated as per the directions given by the Hon’ble Supreme Court of India in Writ Petitions Civil Nos.522/2021 in the case of “Mamta Sharma Vs. Central Board of Secondary Education & Ors”. The CBSE had also issued the policy for tabulation of marks. Annexure-2 is the Resolution of CBSE dated 08.08.2021 which suggests that the marks for Class-X, were based on 30% of the average theory component of best three performing subjects out of main 5 subjects. Further, as per the said Resolution, the Result Committee had to prepare the results and if the students are aggrieved, they were given liberty to file representation before the Principal of the school for verification and reply. 3. It the grievance of the petitioners that they are aggrieved by the calculation of the marks, for which they approached their School. The School on 06.08.2021 has referred the matter to the CBSE but the CBSE has not yet taken any decision. 4. Leaned counsel for the petitioners submits that suffice it would be if the Central Board of Secondary Education (CBSE) is directed to take a decision on the representation of the petitioners, considering the marks of the petitioners, as per the Resolutions and the Policy which was framed by the CBSE to allot marks to the students who were supposed to appear in the Board Examination during the COVID period. 5. Learned counsel appearing on behalf of the School submits that they have already forwarded all the documents to the CBSE but they are yet to receive any communication from them. 2026:JHHC:17672 3 6. In the counter-affidavit, the respondent-CBSE had taken a plea that the petitioners should have appeared in the examination which was held for the students, who dispute their marks. 7. The learned counsel for the CBSE submits that as per the said Circular, the students who were not satisfied with the assessment, done as per the policy, were given one opportunity to appear in the examination which was to be conducted by the Board when the conditions become conducive for holding such examination but the petitioners did not appear in the said examination. Thus, now they cannot challenge the same. 8. On reply, the counsel appearing on behalf of the petitioners submits that the assessment which was done was wrong and was not strictly in terms of the policy thus, there was no question for the petitioners to appear in the said examination. 9. Considering the said submission, since the petitioners is questioning the correctness of the assessment and is not questioning the policy and not the mode of assessment, I direct the Central Board of Secondary Education (CBSE) to pass an appropriate order on the representation of the petitioners, based on the documents forwarded by the School. If it is found that the petitioners’ assessment is strictly as per the policy so framed, the same will be communicated to the petitioners. 10. It is made clear that since the petitioners have only challenged the assessment, if it is found that the assessment which was made is correct, as per the policy and there is no ambiguity, petitioners cannot claim any further relief pursuant to the said Circular dated 08.08.2021. 11. It is expected that the entire process should be concluded within a period of eight weeks from the date of receipt of the copy of this order by the Central Board of Secondary Education (CBSE). 12. With the aforesaid observation, this writ petition stands disposed of. (ANANDA SEN, J.) 18.06.2026 S.K.D/CP-2 Uploaded on 23.06.2026