Punjab And Haryana HC Validates Mandatory First Chance Passing For CBSE Class 10 Compartment Students

The Punjab and Haryana High Court in a recent ruling, upheld the validity of a section in the CBSE examination by-laws applicable to Class 10 compartment candidates. The relevant clause, referred to as clause 42(v), requires that a student taking a compartment in Class 10 pass the subject on the first attempt during the compartmental exams taken in July/August of the year in question.

In a recent instance, a petitioner who was conditionally accepted to Class 11 failed to pass the compartment exam subject on the first attempt, receiving marks lower than the board’s criteria. According to The Tribune, Justice Vikas Bahl emphasised that the school should have cancelled the petitioner’s enrolment to Class 11 as specifically stated in the sub-clause. However, the petitioner filed bogus information claiming to have passed the Class 10 examinations in the year 2019. This was done in collusion with the school. The petitioner subsequently secured a roll number for the 10+2 examinations by concealment of important information.

Justice Bahl pointed out that when the board uncovered the fraud, they had every right to designate the petitioner as “not eligible” on the result certificate. The court found no merit in challenging the clause, given that the petitioner’s counsel failed to identify any rule, regulation, bylaw, or law that allowed the student the right to repeated attempts to confirm provisional admission.

Counsel for the petitioner contended that the requirement of passing the compartmental test on the first attempt should be replaced with the possibility of having multiple chances. Justice Bahl highlighted that giving second or third opportunities would result in a peculiar situation. The yearly tests were planned for March/April, and the third opportunity would be in July/August of the following year. In other words, a student who had not even passed the Class 10 exam would be qualified to take the Class 11 exam.

Giving students just one opportunity makes sure they comprehend the importance of passing the exam on time, and giving them more than one chance would defeat the grounds of the compartmental exams.