A division bench of Chief Justice DN Patel and Justice Prateek Jalan asked the Centre, the Delhi government and the CBSE to file a reply on the petition filed by a registered society, Parents Forum for Meaningful Education, and listed the matter for further hearing on November 12.
The petitioner society, represented by advocates PS Sharda and Kshitij Sharda, said that the CBSE for the year 2019-2020 arbitrarily enhanced its board exam fee for Class X and Class XII by two folds as compared to the year 2017-2018 and several folds as compared to 2014-2015.
“Issue a writ in nature of Mandamus, certiorari, quo-warranto or such other appropriate writ order or direction to the respondents as deemed fit and just by this court to direct Delhi government to permanently sort out the matter of payment of the fee for students in its school for the board examination for Class X and Class XII with other respondents — CBSE and Centre — to protect their eligibility to take the Board Examination conducted by the CBSE for the classes X and XII,” the plea said.
It sought to establish an empowered committee to examine and submit a report to this court for necessary standards for their implementation relating to fixation of norms of fee for board exams by CBSE for the children studying in government schools.
The plea sought to issue necessary directions in matters of fee demanded from children for the academic year 2020-2021 ensuring that no prejudice is caused to the eligibility of any child taking board exam for the year 2021 for class X and XII on account of non-payment of fee.
“The children have a right to education guaranteed by the constitution. A fair examination is the culmination of that process. The Respondents cannot conduct their affairs in any manner as works prejudicial to the interests of the students,” the plea said.
It said that the Delhi government has not only failed to sort out the matter as promised last year but this year it has declined to meet the steep fee obligation thereby abandoning lakhs of children in class X and XII in its schools.
“This has directly hit children hailing from economically poor sections of the society studying in the government and aided schools in class X and Class XII under Delhi government and are consequently imperilled and if not rescued will get left abandoned which cannot be acceptable to any responsible state,” the plea said.
It submitted that these can be achieved by respondents sorting out the steep rise among themselves or any such or similar inter adjustment between themselves since they are accountable and bound by the same constitution.