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Himachal Pradesh High Court · body

2008 DIGILAW 18 (HP)

Pranay Bansal v. State of Himachal Pradesh

2008-01-10

DEEPAK GUPTA, V.K.AHUJA

body2008
JUDGMENT : Per Deepak Gupta, J. (Oral) 1. This petition raises a short, but interesting question. 2. The factual background of the case is that the petitioner, who is a minor, was a student of St. Edwards School, Shimla. He had appeared in the 10th standard ICSE Examinations in March, 2007. He had appeared in 7 subjects and had secured 664 marks out of the total of 700 marks. Two other students from the same school Master Shivansh Singh and Master Durgesh had secured 661 and 660 marks respectively out of the total of 700 marks. 3. The grievance of the petitioner, who has filed this writ petition through his father, is that when the school released the result, Master Shivansh Singh was declared to be the topper (first) in the school and Master Durgesh was shown in second position and the petitioner was ignored. Thereafter the petitioner, through his father, made various representations to the school in this regard and prayed that he should have been declared to be topper in the school. This factual situation has not been denied by the respondent-school. However, the stand of the school, as reflected in its reply, is that all the schools in Shimla (in which the students take ICSE Board Examinations) the topper is declared by taking the total of 5 subjects. Since English is a compulsory subject, English and 4 other subjects are taken into consideration. If the best five subjects with English are taken into consideration, Shivansh had 479 marks out of 500 marks. Durgesh had 480 out of 500 marks and the petitioner had 477 out of 500 marks. Therefore, Durgesh was declared first in school. It is alleged that this practice was being followed for the last many years. The school also takes the stand that since EVS is now a compulsory subject, and even if the marks of this subject were also added, then also the petitioner would still not be the topper because in that case he and Durgesh both would secure 572 marks out of 600 marks whereas Shivansh Singh would have 573 marks out of 600 marks. The respondent-school has also given examples of other schools in Shimla who have declared the result on the basis of the top 5 subjects including the subject of English. 4. The respondent-school has also given examples of other schools in Shimla who have declared the result on the basis of the top 5 subjects including the subject of English. 4. From the stand of the respondents, it is clear that they are following a practice for the last few years and there is no legal sanctity attached to the same. The parties were directed to produce the syllabus and regulations of the Indian Certificate of Secondary Education published by the Council for the Indian School Certification Examination, respondent No. 3. 5. Clause (B) of Part II of the Regulations reads as follows:- “B. Choice of Subjects : 1. All candidates for the examination must enter and sit for seven subjects – namely English, a Second Language, History, Civics and Geography, Environmental Education, two of the subjects listed under Group II and one subject listed under Group III (vide page 3) and must have been examined by the school in practicals/project work in English, the Second Language, History, Civics and Geography, Environmental Education, the three subjects of their choice and in Socially Useful Productive Work and Community Service. Provided that candidates reappearing for the examination without attendance at school, in accordance with the provision given in Chapter 1, B.3, will have to enter and sit for all the written papers of all the seven subjects.” 6. The respondent school rely on part C, relevant portion of which reads as follows:- “C. Awards and conditions for awards: 1. PASS CERTIFICATES will be awarded to candidates who attain the pass standard in at least five subjects which must include the subject English. Provided that no candidate, except as otherwise exempted by the Council, shall be awarded a Pass Certificate unless in addition to fulfilling the conditions above he has attained a pass grade in SUPW and Community Service as examined/assessed internally by the school.” 7. A perusal of these Regulations shows that under Chapter II of the Regulations for the examination for Class 10, Group I is compulsory. Group I includes 4 subjects, i.e. (1) English, (2) Language, (3) History Civics and Geography (treated as one subject) and (4) Environmental Education (EVS). It is, therefore, obvious that it is not only English which is compulsory subject, but there are four compulsory subjects. Group I includes 4 subjects, i.e. (1) English, (2) Language, (3) History Civics and Geography (treated as one subject) and (4) Environmental Education (EVS). It is, therefore, obvious that it is not only English which is compulsory subject, but there are four compulsory subjects. Every student is required to appear in the aforesaid 4 compulsory subjects in Group I. Group II consists of a number of subjects including Mathematics, Science, Economics, Commercial Studies etc. A student has to choose two out of the 10 subjects in this group. Group III consists of 13 subjects, some of which are Computer Applications, Economic Applications, Commercial Applications, Performing Arts, Home Science, Cookery etc. Every student has to appear at least in one of the subjects from Group III. From a perusal of Part II of Chapter II it is apparent that every student has to appear in 7 subjects in all out of which 4 subjects in Group I are compulsory. A student has to choose two subjects out of Group II and one subject out of Group III. The parties admit that there is no provision for ranking or declaring the positions in the Regulations of respondent No. 3. 8. According to the school since pass certificate can be awarded to a candidate who has attained pass standard in at least 5 subjects including English which must include the subject of English, the best 5 subjects should only be taken into consideration for framing the merit list. 9. On the other hand, Mr. Tarlok Chuahan, learned counsel for the petitioner, contends that since it is compulsory for a student to sit in 7 subjects, the result of all 7 subjects must be taken into consideration to decide who is the best. 10. There is a fallacy in the arguments of the school since the compulsory subjects are 4 and not one. On going through Regulations, especially Regulations B and C, quoted hereinabove, it is apparent that it is necessary for a student to appear in 7 subjects. However, a student who fails in 2 subjects can still be given the pass certificate so long he has cleared the subject of English. This, however, does not mean that the marks of only 5 best subjects can be taken into consideration for deciding who is the topper in the examination. The Regulations, as stated above, are silent. However, a student who fails in 2 subjects can still be given the pass certificate so long he has cleared the subject of English. This, however, does not mean that the marks of only 5 best subjects can be taken into consideration for deciding who is the topper in the examination. The Regulations, as stated above, are silent. Either the schools should not declare the toppers of the school. If, however, they want to do so, they must follow the Regulations in letter and spirit. It would be indeed an anomalous situation that a student who has passed English and has done well in 4 subjects but has failed in 2 subjects is declared to be first whereas the student who has passed all 7 subjects and done well in all 7 subjects, but has secured one mark less in the best 5 subjects is relegated to the second position. Since it is necessary to appear in all the 7 subjects, in our considered opinion the ranking should be done on the basis of the marks obtained in all 7 subjects. Passing in 5 subjects is only a criteria to declare the student pass and cannot be considered a criteria for ranking the merit of the students. 11. We, accordingly direct that unless and until the respondent No. 3 frames any policy or lays down guidelines for ranking amongst the student, the schools in Himachal Pradesh following the ICSE system shall rank the students on the basis of the marks obtained in all 7 subjects and not on the basis of the best 5 subjects (including English). 12. We are not granting any relief in the case of the petitioner since if relief had to be granted to him, it would have been necessary to array Master Durgesh and Shivansh Singh as parties. They have not been arrayed as parties. We also do not want to interfere in the past practice which has been going for many years. However, since students now a days are very sensitive with respect to the marks obtained and this can mar or make their future career, we have interpreted the Regulations and laid down the law for the future. 13. In view of the above discussion the writ petition is disposed of in the aforesaid terms. No costs.