JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 4th respondent pertaining to the publication of result of the petitioner for Standard 12 dated 30.07.2021 along with the impugned reply email dated 13.8.2021 and quash the same as illegal and direct the 4th respondent to calculate the 12th standard CBSE marks of the petitioner as per the Policy for Tabulation of marks for class XII Board Examination 2021 dated 17.06.2021 and the circular dated 08.08.2021 issued as per the order of the Honble Supreme court in W.P. No.522 of 2021 in the matter of Mamta Sharma Vs CBSE and others and award the scores as per the table II or III of the representation submitted by petitioner’s father dated 12.08.2021.)

1. A student who did her higher secondary course in the 4th Respondent school and who is aggrieved with the marks assigned to her in the class XII board examination in 2021, has knocked the doors of this court, challenging the results published by the 4th Respondent school and for a consequential direction to calculate the 12th std CBSE marks of the Petitioner as per the policy formulated by the 1st Respondent through notification dated 17.06.2021.

2. The brief facts of the case are that the Petitioner underwent higher secondary course in the 4th Respondent school during the academic years 2019-2021 in an integrated batch. Due to the covid 19 pandemic, the CBSE cancelled class XII board examinations through notification dated 01.06.2021 and on 17.06.2021, the CBSE published the policy for calculation of marks for class XII board examinations prescribing the method of assessment and awarding marks to students.

3. The 4th Respondent school adopted the notification issued by the CBSE and declared the results of the students for Class XII. The Petitioner was awarded a score of 76%. The Petitioner was not satisfied with the manner in which the calculation was made by the 4th respondent school and according to her, it is not in line with the method of assessment prescribed by CBSE. Hence, the father of the petitioner made a representation on 12.08.2021 in this regard. This was forwarded by the 2nd Respondent to the 4th Respondent school. The 4th Respondent school through e-mail dated 13.08.2021 informed the Petitioner that the marks awarded to her are as per the policy of the class XII board examination 2020-21. Aggrieved by the same, the present Writ Petition has been filed before this court.

4. Heard Mrs. A.Arulmozhi, learned Counsel for the petitioner, Mr.G.Nagarajan, learned Central Government Standing Counsel for R1, R2, Mr.A.Selvendran, learned Government Counsel for R3 and Mr. S.Ashok Kumar, leanred Counsel for R4.

5. The education system and particularly the students who underwent the higher secondary course during the academic year 2020-21, faced a huge challenge due to the covid-19 pandemic. Considering the virulent nature of the virus which spreads very fast through the air, it was decided to confine education during the entire academic year through online mode. The efforts taken to conduct the class XII examination failed since the situation was not under control and the central and state governments decided not to expose the children to the deadly virus. Hence, the CBSE through notification dated 01.06.2021, cancelled the board examinations for Class XII. As a consequence, a notification was issued by the CBSE, dated 17.06.2021 wherein they devised a policy for tabulation of marks for class XII board examinations 2021 and for awarding marks to the students as per the assessment and calculation provided in the notification. In fact, this policy was placed before the Hon’ble Supreme Court in a case that was pending in Mamtha Sharma v. CBSE &Ors and the Hon’ble supreme court on being satisfied with the scheme formulated by the CBSE, directed the CBSE to proceed further to assess the marks and publish the results of the st