Prince Kumar v. Central Board of Secondary Education through its Chairman, Delhi
2021-09-02
RAJESH SHANKAR
body2021
DigiLaw.ai
JUDGMENT : RAJESH SHANKAR, J. 1. The present writ petition is taken up today through Video Conferencing. 2. At the request of learned counsel for the petitioner the defect no. 3, as pointed out by the office, is ignored. 3. The present writ petition has been filed for the following reliefs: (i) For issuance of direction upon the respondent-CBSE to take appropriate action upon the representations made by the petitioners and dispose of the same in accordance with law by publishing the fresh revised result of the petitioners in accordance with the latest scheme, notification and guidelines issued by the Central Board of Secondary Education (in short “CBSE”) for calculating the final marks of class 12th Board Examination as the respondent no. 4 (Jawahar Navodaya Vidyalaya, Mesra, Ranchi) has wrongly awarded the final marks of the petitioners which was sent to CBSE, resulting incorrect publication of final result of 12th Board by the CBSE. (ii) For issuance of direction upon the respondent no. 4 to re-calculate the marks of the petitioners in accordance with the scheme and notifications issued by the CBSE and to re-send the same to the respondent-CBSE for publication of fresh revised result of 12th Board in accordance with law. 4. Mr. Amritansh Vats, learned counsel for the petitioners while referring to Clause 6(a) of notification no. CBSE/CE/2021 dated 17th June, 2021 issued by the Controller of Examinations, Central Board of Secondary Education submits that due to cancellation of Board examinations owing to COVID-19 pandemic, the assessment of theory portion of 80/70/60/50/30 marks was to be awarded by the school based on the following formula/methodology: Class XII Marks based on Unit Test/Mid-Term/Pre-Board Exam 40% Class XI Marks based on theory component of final exam 30% Class X Marks based on average theory component of best three performing subjects out of main 5 subjects 30% It is further submitted that since the petitioners were knowing their marks obtained in Class-X, XI and pre-Board of Class-XII, they calculated the marks in the light of Clause 6(a) of the notification dated 17th June, 2021, however to their utter surprise, it has been found that they have been allocated lesser marks as compared to what they actually deserve.
The comparative chart of the marks they deserve vis-a-vis the marks they have been awarded has been mentioned in paragraph 10 of the writ petition which reads as under: Name of the Student Class 10th Average of three Subject (%) Class 11th final exam Result (%) Class 12th 1st Pre-Board (%) CBSE Board 12th Result (%) Should come in 12th Board around (%) Prince Kumar 95.6 83 94 84 90 Rohit Raj 97 80.5 85.4 74 88 Chandan Mahto 83.58 65 84.59 71.4 81 Vishakha Kumari 91.66 68 84.59 74.6 84 Rima Kumari 86 68 84.59 75 83 Sonu Oraon 75 58 80 61 77 Shukram Munda 72 51 85 60 76 Sangam Oraon Pass Pass Pass Failed (Economics) Pass Ansh Raj 73.75 61.11 79.4 67.6 77 Learned counsel for the petitioners while referring to the Clause 1(a) of the circular no. CBSE/CE/DISPUTE-RESOLUTION/2021 dated 8th August, 2021 issued by the Controller of Examinations, CBSE also submits that a provision has been made therein that in case, the candidates feel that they are not satisfied with their marks awarded, they can make representation to the Principal of the school for verification and reply by the school to the concerned candidate. Accordingly, the petitioners represented the concerned school i.e. Jawahar Navodaya Vidyalaya, BIT Mesra, Ranchi the respondent no. 4 but the same remained unresponded. The petitioners have also represented the CBSE, New Delhi on the present issue, however, no action has been taken on the same which has compelled the petitioners to prefer the present writ petition. 5. Mrs. Pinky Tiwary, learned A.C. to Mr. Rajeev Ranjan Sr. Advocate, appearing on behalf of the respondent nos. 1 to 3 submits that as per the provision made in circular dated 8th August, 2021 issued by the CBSE, if a candidate feels aggrieved with the marks awarded in terms with the formula mentioned in Clause 6(a) of the notification dated 17th June, 2021, he/she may represent the Principal of the concerned school who in turn is under obligation to reply the concerned candidate on the said issue. Hence, if the petitioners prefer fresh representations on the present issue before the respondent no. 4, it has to take suitable decision and to inform the petitioners accordingly. 6.
Hence, if the petitioners prefer fresh representations on the present issue before the respondent no. 4, it has to take suitable decision and to inform the petitioners accordingly. 6. Having heard learned counsel for the parties and keeping in view the aforesaid aspect of the matter, without entering into the petitioners’ claim, they are given liberty to prefer fresh representations before the respondent no. 4 on the present issue. On receipt of the said representations, the respondent no. 4 shall verify the marks awarded to the petitioners in terms with the formula/methodology mentioned in Clause 6(a) of the notification dated 17th June, 2021 issued by the CBSE and if it is found that the same are required to be corrected, the details thereof shall be sent to the concerned office of the CBSE for issuance of rectified mark-sheets to the petitioners. On the other hand, if the respondent no. 4 finds that the marks awarded to the petitioners are in accordance with law, particularly in the light of Clause 6(a) of the notification dated 17th June, 2021, the same shall duly be communicated to the petitioners. 7. The aforesaid exercise shall be completed by the respondent no. 4 within a period of two weeks from the date of filing of the representations and in case any rectification is required in the marksheets of the petitioners, the details thereof shall be sent to the concerned office of the CBSE immediately after one week and on receipt of the same, the CBSE shall issue rectified mark-sheets to the petitioners within a period of two weeks thereafter. 8. The writ petition is, accordingly, disposed of with aforesaid liberty and direction.