PRABHROOP KAUR KAPOOR & ORS. vs UNION OF INDIA & ANR.

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:21.01.2026 Judgment pronounced on: 05.02.2026 + W.P. (C) 15086/2025 & C.M. APPL. 62060/2025 PRABHROOP KAUR KAPOOR & ORS. ....Petitioners Through: Mr. Rajshekhar Rao, Sr. Adv. With Mr. Karan Nambiar, Mr. Lzafeer Ahmad B F, Mr. Abeer Malik, Mr. Shubham Arun, Advs. versus UNION OF INDIA & ANR. ....Respondents Through: Mr. Sahaj Garg, SPC for Respondent No.1, Ms. Manisha Singh, Adv. for Respondent No. 2 CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JUDGMENT 1. The present writ petition has been filed by the petitioners under Article 226 of the Constitution of India seeking to set aside the notifications dated 04.09.2025 and 15.09.2025 issued by the respondent No. 2. FACTUAL BACKGROUND 2. The petitioners are students who have successfully completed their Class Digitally Signed By:MAYANK Signing Date:05.02.2026 14:05:39 W.P. (C) 15086/2025 Page 1 of 26 XII Board Examinations in 2025 with the schools affiliated to the respondent No. 2. 3. The respondent No. 1 is the ministry which serves as the controlling authority of the respondent No. 2. The respondent No. 2, Central Board of Secondary Education (“CBSE”) is responsible for conducting Class X and Class XII board exams inter alia designing and renewing curriculum. 4. The examinations conducted by the CBSE are governed by Examination Bye Laws, 1995 (“Bye Laws”). These Bye Laws are amended from time to time to cater to the needs of changing time. One of such amendment came in the year 2013 inserting Clause No. 43(i) thereby allowing the students to appear in an Additional Subject as a private candidate within six years of passing of the Class XII board examination. In the year 2021, this time limit to appear in an Additional Subject by a private candidate was reduced