Breaking News Litigation is not a game of chance: Delhi HC

Litigation is not a game of chance: Delhi HC

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New Delhi, Jun 30 (ILNS) The Delhi High Court today observed that Litigation is not a game of chance, while refusing to hear a petition seeking direction to publish a ‘rational document’ on Class X assessment criteria.

A two-Judge Vacation Bench, comprising Justice Manmohan and Justice Navin Chawla, however, granted permission to petitioner NGO Justice for All, to withdraw the present application, with liberty to move an application for early hearing of the writ petition before the Roster Bench.

The petition sought interim direction to all the schools affiliated to the Central Board of Secondary Education (CBSE) to upload at public domain, the rationale document for devised criteria for the assessment of students of Class X.

The Bench expressed its unhappiness that no application for any interim relief was filed in the beginning with the writ petition, and now, this application has been filed at the ‘eleventh hour’.

“Litigation is not a game of chance…..You espouse petition on genuine causes. You have to maintain very high standards, if you’re evoking public interest litigations. You can’t become an ordinary litigant,” said the Bench.

The interim application has been moved in the petition filed by Justice for All, an organisation of lawyers and social activists dedicated to the cause of common man and particularly to the rights of children relating to education and health, through Advocates Shikha Sharma and Khargesh B Jha.

The court was of the opinion that the issues raised in the plea are substantial enough and require adjudication, thereby it issued notice to the respondents.

It is averred that the Board has not yet modified its arbitrary policy of moderation of marks for Class X students based on previous performance, which is in violation of Article 21 of the Constitution.

It is further averred that the present system of evaluation lacks transparency as the students have no option to know what the base of their evaluation was. In light of the above, the petitioner organisation sought interim relief in the form of direction to the schools affiliated to the Board to publish the rationale document for devised criteria for the assessment of students of Class X on their respective websites, before calculating the result and uploading the same on the CBSE portal. It further prayed for a grievance redressal mechanism by the Board, wherein the students could raise their grievances. ILNS/BG/RJ

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