Delhi High Court upholds 33% marks criterion in Class V for promotion to Class VI

The Delhi High Court recently upheld the validity of government orders mandating that students of class V must score at least 33% marks in final exams and 25% marks in mid-terms to be promoted to class VI [Master Arnav Sharma v St Georges School Alaknanda & Anr]..Justice C Hari Shankar said that the Department of Education (DoE) of Delhi government had issued the orders dated October 2, 2022 and August 22, 2023 in exercise of the power conferred by Rule 21A of the Right to Education Rules (RTE Rules) and these orders cannot be said to be in excess of the jurisdiction vested in the DoE.The Court observed that by no stretch of imagination can it be said that the criteria to pass the students of class V are needlessly stringent.“They err, if anything, on the side of leniency as they only envisage obtaining of 33% marks in the final examination and 25% marks in the mid-term examination,” the Court observed..The single-judge made the observations while dealing with a plea filed by a student named Arnav Sharma studying in St. George's School at Alaknanda. Sharma's plea argued that he had appeared in the annual exams in February 2024 but the school did not declare his results and instead asked him to appear for a re-test which was held between March 6, 2024 and March 18, 2024.The child appeared in the retest and the school declared that he had failed the exams and cannot be promoted to Class VI.Sharma then moved the High Court to quash the DoE orders on the grounds that it violates Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act)..The Court considered the case and noted that the petition was silent as to how the government circulars infringed Section 16 of RTE Act.“Section 16(3) of the RTE Act specifically permits the appropriate government i.e., the Government of NCT of Delhi through the DoE to allow schools to hold back children in the Vth or the VIIIth class or in both classes in such manner and subject to such conditions as may be prescribed. Section 16(1) envisages a regular examination being held at the end of the Vth and VIIIth classes. Section 16(2) requires a child, who fails in the terminal examination held in class V or VIII to be granted an opportunity for re-examination within two months from the date of declaration of the result,” the Court observed.It rejected the argument that the re-test was held within 15 days of final exams which was an inordinately short period and did not allow the child to prepare.“Section 16(2) only requires the re-test to be held within two months of the declaration of the result of the final examination. Two months is, therefore, set as the outer limit within which the re-test has to be held. The re-test can be held at any time within the said period of two months. It is difficult, therefore, for the court to opine on the number of days within which, or after which the re-test should be held. So long as the re-test is held within two months of declaration of the result of final examination, Section 16(2) cannot be said to have been breached.”The Court, therefore, concluded that the challenge to the DoE orders has to fail..However, the Court issued notice to Sharma’s school and asked it to explain whether his exam results were declared or not.The matter will be heard next on July 4.As an interim relief, the Court ordered the school to allow the petitioner to attend classes in standard VI.“This is purely provisional and subject to the outcome of the writ petition,” Justice Hari Shankar clarified..Advocates Ashish Negi and Sushila appeared for the petitioner Arnav Sharma.The school was represented by advocate Verghese.Standing Counsel (Civil) Santosh Kumar Tripathi and advocate Utkarsh Singh appeared for the Delhi government. .[Read Judgment]