(Prayer in W.P.No.6344 of 2026 : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, direct the 1st and 2nd respondents to permit the 3rd respondent to provide the question paper in English (Language and Literature) for the Subject Code 184 in the forthcoming Class X CBSE Board examination academic year of 2025- 2026 scheduled on 21.02.2026.)

Common Order

1. These Writ Petitions are identical and as such, are taken up together and disposed of by this common order.

2. Totally, 14 students are before this Court. They are all studying in the third respondent school namely, Mangalam Vidhyashram. It is the case of the students that they have elected the subject namely, English (Language and Literature) with subject code – 184 for the X standard. From the beginning, it is only the text book, meant for the subject code – 184, is taught to them. All their quarterly, half early examinations and assessments were made only on the said subject. Unfortunately, while applying for the board examinations, the concerned official of the school made a blunder by selecting subject code – 101 instead of subject code – 184 in respect of these students. The above selection was made in the beginning of the year and the online proforma was submitted to the board. Accordingly, when the examinations have now started and are going on, only at the nth minute, it is realised that after teaching the students as English (Language and Literature), they have entered the particulars as English (Communicative) with subject code – 101. Immediately, they have made a representation to the authorities and they have also informed the parents. The examination for the paper English (Language and Literature) is slated on 21.02.2026. The students are now allotted the centre, being the different school namely, Velammal Vidyalaya, Paruthipattu. When the students go there, as per the existing scheme of things, they will be given the question papers of English (Communicative) which was never taught to them and they will be put to disadvantage. Therefore, the students are before this Court.

3. The Writ Petitions are resisted by the learned Counsel for the Central Board of Secondary Education. Since the cases are filed at the last minute and since no time is there for filing a detailed counter, the learned Counsel got instructions and argued the matters in detail. The learned Counsel would submit that the choice of the language course, be it English (Communicative) or English (Language and Literature), is not made just before the examination, but, at the start of the academic year itself. It is only for the said purpose, the CBSE provides an opportunity for the concerned students and the parents to check the proforma and they have also to counter-signed the proforma.

4. As a matter of fact, the proforma is submitted which not only mentions the subject code as 101, the words ‘English (Communicative)’ is very well written besides it. Therefore, to say that none of the parents or the students noticed is unbelievable. Secondly, considering this kinds of mistakes, being repeatedly made by the school authorities, the CBSE has already issued a circular. Even the recent circular, dated 13.01.2026, specifically mentions with reference to the Mathematics i.e., Mathematics Standard and Mathematics Basic with different codes, for Hindi course with different codes, English course with different codes, will not be changed vice versa. The paragraph No.3 of the said circular is extracted hereunder for ready reference:-

                     “3. As per the guidelines issued by the CBSE from time to time, change of similar subjects is not permitted once the subject details have been finalized and registered with the Board. It is hereby clarified that the following changes are not allowed:-

                     (i) Change from Mathematics Standard (041) to Mathematics Basic (241) of vice versa.

                     (ii) Change from Hindi Course A (002) to Hindi Course B (085) or vice versa.

                     (iii) Change from English (Communicative) (101) to English (Lang. & Literature) (184) or vice versa.

                     (iv) Change from English Core (301) to English Elective (001) or vice versa.

                     (v) Change from Mathematics (041) to Applied Mathematics (241) or vice versa.

                     (vi) Change from Hindi Elective (002) to Hindi Core (302) or vice versa.

                     (vii) Any other change involving subjects of a similar nature or overlapping curriculum at the same level.”

5. It must be seen that practically, the code is filled up at the start of the academic year. Accordingly, the board places order for printing of question papers depending on the number of students, the correct subject question paper is dispatched to the concerned institution and the same is done from Delhi. Now, in a sealed cover, the question papers of English (Communicative) would have already reached the concerned centre namely, Velammal Vidyalaya, Paruthipattu. In view of the sheer efflux of time and since the petitioners are approaching at the last minute, it is impossible to correct the mistake and if it is to be permitted to be corrected at the last minute, the very purpose of conducting a pan India examination without the question paper being leaked will be compromised and this would lead to grave consequences for the board in the free and fair conduct of the board examination. Therefore, the students, being the X class students, at best, can proceed and write the English (Communicative) examination as such and this Court should not interfere at the last minute.

6. I have considered the rival submissions made on either side and perused the material records of the case.

7. The core principles that are to be borne in mind while disposing of this Writ Petition is firstly, the students and education of the students and secondly, the principle of law is towards a correction of mistake if it is a genuine mistake. With that principles in background, the circulars, the rules framed by the CBSE are only towards the assessment of the students. It is the case of the school that a mistake happened while uploading the proformas and sending the particulars of the students. It is their specific case that the students were taught all along only the subject code – 184. The assessments in the form of quarterly, half yearly, revision examinations are all based only on the said syllabus and the text books. The students are in X standard. Even then it can be said that after all the students, with their knowledge, can write English (Communicative) examination. But, since two working days are also there, there is a possibility of correcting the mistake also. The trauma that will be undergone by the students should also be taken into account if they were to write an examination for a different subject after being taught a different subject. That should be the paramount consideration.

8. It is true that granting last minute orders would put the respondent board to inconvenience. But, it is very much possible to generate 14 additional question papers from the concerned printing agency by following due protocol and secrecy and dispatching the same through a special messenger to the concerned centre namely, Velammal Vidyalaya, Paruthipattu as two working days are there. All the travel and other expenses shall be borne by the second respondent school which committed the mistake. Therefore, though it can be said that as per the circular and the rules that are framed by the Central Board of Secondary Education, they cannot be routinely required to change the subject, in the instant case, I am of the view that the students are not praying for change of the subject. They studied only English (Language and Literature) with subject code – 184. They are only praying to correct the mistake in uploading while submitting the online proforma. Therefore, when there is scope for correction of mistake, the same can be corrected. Any additional cost or expenses should be mulcted only against the second respondent school which made the mistake.

9. In view thereof, these Writ Petitions are allowed on the following terms:-

(i) Without waiting for the certified copy of the order, upon production of the web-copy of the order, the Central Board of Secondary Education, through the appropriate authority, shall forthwith make arrangements to print or make ready 14 additional question papers for these petitioners to write the English (Language and Literature) examination with subject code – 184 at Velammal Vidyalaya, Paruthipattu on 21.02.2026. Without compromising the security or protocols, the said question papers shall be sent through some personal messenger through any responsible officer, if required.

(ii) All the necessary expenditure, in this regard, shall be raised to the third respondent school and the third respondent school, which is represented before this Court, through one S.Balasubramanian, undertakes that they will pay the relevant charges.

(iii) The permission is so granted only on the premises that all along the students have been taught the subject code – 184 and it is only a genuine mistake of uploading.

(iv) The CBSE can take up the issue of language code ex post facto by summoning the school authorities and directing to produce all the papers relating to quarterly, half yearly examinations and ensuring that all through the year, it is only the subject code – 184 that was taught to the students.

(v) If they come to the conclusion that the students were actually taught only English (Communicative) course, the students are writing this examination at their own risk and the results will not be declared. On the contrary, if they find that the students were taught English (Language and Literature) all through the academic year, then, the results shall be declared as such.

(vi) There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.