The Delhi High Court today dismissed a public interest litigation for waiver of the Central Board of Secondary Education (CBSE) board exam fee to be paid by students of 10th and 12th standard.
The petition was preferred by Parents Forum for Meaningful Education against the “arbitrary enhancement” of the examination fee by CBSE.
Calling it a “publicity interest litigation”, a Division Bench of Chief Justice DN Patel and Justice Jasmeet Singh opined,
“..the financial burden by virtue of waiver is tremendous. Every government has its budgetary provisions. Under Article 226 jurisdiction, we cannot imbalance the budgetary provisions of the government.”
The Court added that waiver of fee was a “complex policy decision” of the government, which depended on availability of public money, public expenditure, public works undertaken during the pandemic etc.
The Court further stated that there was no “vested right” to seek waiver of examination fee and the same depended on the facts and circumstances of each case.
During the course of the hearing, the Court also observed that in the petition, the petitioner had not specified the number of students who were aggrieved.
“It could be a miniscule number or a very large number…”, the Court remarked.
As the petitioner clarified that the petition did not seek waiver as such, the Court ordered,
“We see no reason to entertain this…(We do not) intend to give any direction for waiver of fee.”