Delhi HC directs CBSE to treat as Representation Plea seeking refund of Examination Fees on account of Cancellation of Class X and XII Exams

The Delhi High Court today directed Central Board of Secondary Examination (CBSE) to Treat as representation plea seeking  a direction to the CBSE to refund the examination fees to the students registered in classes X and XII for appearing in Board examinations that have been cancelled for this year. CBSE has been directed to decide on whether to refund partial or full examination fees within a period of 8 weeks.

The single Judge bench of Justice Prateek Jalan also gave the petitioner  liberty to file a fresh petition if not satisfied by the decision of CBSE.

The bench was hearing a plea filed by Advocate Deepa Joseph through Advocate Robin Raju who has stated that on June 21, 2021, the petitioner had filed an RTI application seeking information about the total number of students registered for class X and class XII Board exams for the year 2020-21 and also the total amount of examination fees collected from Class X and Class XII students for the academic year 2020-21 which revealed that the probable registered students for Class X is 21,50,759 and for Class XII are 1430258.

The petitioner has stated that it is safe to assume that CBSE has received Crores of rupees as examination fees which is totally unjustified in keeping the money collected from students as examination fees for Class X and XII board exams that have got cancelled.

The petitioner also sought for a direction to the Ministry of Education to advise CBSE to consider formulating a fresh examination refund policy wherein refund of fees will be granted when unforeseen circumstances like pandemic and subsequent cancellation of exams.

CBSE however argued that it did not receive funds from the government and it had other expenses for which it relied wholly on the examination fees. Moreover the decision to cancel the Board exam was taken subsequent to the arrangements made for conduct of the said exams.

The Court after hearing the parties was of the view that even though CBSE was not conducting exams but it was going to assess the students and would also provide a marksheet to all the students.

The Court hence directed the CBSE to take a decision on the refund of examination fees.

 

Case Title :Deepa Joseph vs Central Board of Secondary Education (CBSE) & Anr.