The Delhi High Court has confirmed the legality of government directives stipulating that students in the fifth grade must achieve a minimum of 33% in their final examinations and 25% in mid-term exams to progress to the sixth grade.

Justice C Hari Shankar affirmed that the Department of Education (DoE) of the Delhi government had issued orders on October 2, 2022, and August 22, 2023, in accordance with the authority granted by Rule 21A of the Right to Education Rules (RTE Rules). These directives, according to the judge, do not surpass the jurisdiction vested in the DoE.

The Court noted that it is undeniable that the criteria for passing students in the fifth grade are not excessively strict by any reasonable standard.

The single-judge made these observations in the context of addressing a petition filed by a student named Arnav Sharma, who is enrolled at St. George's School in Alaknanda.

Sharma's petition contended that he had participated in the annual examinations in February 2024. However, despite this, the school did not release his results and instead requested him to take a re-test, which took place between March 6, 2024, and March 18, 2024. Despite Sharma's participation in the retest, the school declared that he had not passed the exams and consequently could not be promoted to Class VI.

Sharma subsequently petitioned the High Court to nullify the Department of Education (DoE) orders, arguing that they contravene Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).

The Court reviewed the case and observed that the petition did not provide any explanation as to how the government circulars violated Section 16 of the RTE Act.

The Court concluded that the challenge to the DoE orders must fail. However, it issued notice to Sharma’s school, instructing it to clarify whether his exam results were declared or not.

The case is scheduled for the next hearing on July 4. As an interim measure, the Court directed the school to permit the petitioner to attend classes in the sixth standard.

Advocates Ashish Negi and Sushila represented the petitioner, Arnav Sharma. The school was represented by advocate Verghese. Standing Counsel (Civil) Santosh Kumar Tripathi and advocate Utkarsh Singh appeared on behalf of the Delhi government.

Case Title : Master Arnav Sharma v St Georges School Alaknanda & Anr