Delhi's Directorate of Education (DoE) has issued a circular stating that a student who fails in Class 10 for two consecutive years, will not be given re-admission in schools in the national capital. It said that students will be counselled to choose other options like the Patrachar Vidyalaya, NIOS, etc. The new rule will only be applicable to students enrolled at government schools. "In case a student is declared failed in a class for two consecutive years or in compartmental exams, he or she will be invariably counselled about choosing other options like the Patrachar Vidyalaya, NIOS, etc, and will not be re-admitted as a regular student," the DoE said in a circular. The DoE, however, stated in its circular that students who failed the compartmental exam, will be re-admitted to school on the condition that they will sit for all examination for the boards to be conducted in March. The students will also have to submit an undertaking from parents saying that they will appear in all subjects. The circular came in response to a petition filed in the Delhi High Court seeking direction to the government to grant readmission to 42,503 children, who failed the Class 10 CBSE exams this year. The plea had cited Article 138 of the Delhi School Education Act, which states that schools cannot deny re-admission. Hearing the plea, the court had said that students cannot be thrown out of government schools. A bench of Chief Justice Rajendra Menon and Justice V K Rao asked the counsel for the Delhi government to seek instructions on the matter and inform it on August 28. Advocate Ashok Agarwal, appearing for the NGO, claimed that there was a violation of the Delhi School Education Rules in refusing readmission to 42,503 students who had appeared for the Class X examinations this year, but failed. The plea had alleged that instead of granting them readmission in the same government school, the students were forced to take transfer certificate (TC) and opt for the National Institute of Open Schooling instead.