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2021 Supreme(Jhk) 470

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Prince Kumar – Petitioner
Versus
Central Board of Secondary Education through its Chairman, Delhi – Respondent
W.P. (C) No. 3090 of 2021
Decided On : 02-09-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Amritansh Vats.
For the Respondents: Mrs. Pinky Tiwari, Rajeev Ranjan.

Headnote:

CBSE - Incorrect publication of final result - Respondent-CBSE to take appropriate action upon representations made by petitioners and dispose of same in accordance with law by publishing the fresh revised result of the petitioners in accordance with latest scheme, notification and guidelines issued by Central Board of Secondary Education for calculating final marks of class 12th Board Examination as respondent no. 4 (Jawahar Navodaya Vidyalaya, Mesra, Ranchi) has wrongly awarded the final marks of petitioners which was sent to CBSE, resulting incorrect publication of final result of 12th Board by CBSE – Held, respondent no. 4 shall verify marks awarded to petitioners in terms with formula/methodology mentioned in Clause 6(a) of notification dated issued by CBSE and if it is found that same are required to be corrected, details thereof shall be sent to concerned office of CBSE for issuance of rectified mark-sheets to petitioners - Respondent no. 4 within a period of two weeks from date of filing of representations and in case any rectification is required in marksheets of petitioners, details thereof shall be sent to concerned office of CBSE immediately after one week and on receipt of same - Writ petition is, accordingly, disposed of

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

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