SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Tri) 251

HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, J.
Aparajita Das - Appellant
Versus
Union of India & Ors. - Respondents
WP(C) 744 of 2021
Decided On : 27-09-2022

Advocates appeared:
Mr. P. Roy Barman, Sr. Advocate, Ms. A. Debbarma, Advocate., for the Petitioner; Mr. T. Datta Majumder, Sr. Advocate, Mr. Somik Deb, Sr. Advocate, Mr. Bidyut Majumder, Asstt. S.G., Mr. T. Halam, Advocate, Mr. S. Majumder, Advocate., for the Respondent

Educational institutions must adhere to standardized evaluation guidelines as established by overseeing bodies, and courts should respect the decisions made by expert committees in academic assessments unless clear errors are evidenced.

Headnote:(A) Writ Petition - Nature of Mandamus - CBSE Notification dated 17.06.2021 - High Court dismissed petition challenging Senior Examination Results 2021 of the petitioner alleging erroneous deduction of marks in examinations conducted due to pandemic. Marks allocation was standardized following specific guidelines approved by the Supreme Court. (Paras 2-12)

(B) Education Law - Clauses 8 and 10 of CBSE Guidelines regarding standardization, moderation, and tabulation of marks were cited, emphasizing the school’s responsibility in ensuring fair calculation without bias. (Paras 6-8)

(C) Judicial Review - Court upheld the findings of the Expert Committee that evaluated the marks, stating limited scope to interfere in the assessment processes undertaken according to guidelines and expert evaluation. (Paras 10-11)

Facts of the case:
The petitioner, a student, contested her marks in the Senior School Certificate Examination 2021 conducted by CBSE, attributing discrepancies to improper deductions in specific subject scores amid the pandemic, violating standardization guidelines as stated in the CBSE Notification. (Par 3-5)

Findings of Court:
The marks allocated by the educational board were properly moderated and standardized following guidelines; no material error found to justify interference in the results declared. (Paras 10-12)

Issues: Whether the deductions made from the petitioner's marks were proper under CBSE guidelines and if the High Court could override the findings of the Expert Committee on marks tabulation. (Paras 5-9)

Ratio Decidendi: Courts should refrain from questioning academic judgements made by expert bodies unless a clear error or injustice is demonstrated, affirming adherence to established guidelines in the assessment process. (Paras 10-11)

Result: Writ Petitioner dismissed.

Table of Content
1. petitioner's request for relief on examination results. (Para 1 , 2)
2. allegation of mark deductions based on cbse guidelines. (Para 3 , 4)
3. discussion on marks computation method for students. (Para 5 , 6)
4. clarification of the school's adherence to cbse guidelines. (Para 7 , 8)
5. court's assessment of expert committee's findings. (Para 9 , 10 , 11)
6. result of writ petition. (Para 12)

JUDGMENT

1. Heard Mr. P. Roy Barman, learned senior counsel assisted by Ms. A. Debbarma, learned counsel appearing for the petitioner. Also heard Mr. T. Datta Majudmer, learned senior counsel assisted by Mr. T. Halam appearing for the respondent no.2, Mr. Somik Deb, learned senior counsel assisted by Mr. S. Majumder, learned counsel appearing for the respondent no.3 and Mr. B. Majumder, learned Asstt. S.G. appearing for the respondent nos.1 and 4.

2. By way of filing the present writ petition, the petitioner has prayed for the following reliefs:-

'Under the circumstances stated above, it is submitted, that the Hon'ble High Court would be kind enough to:-

(I) Issue rules upon the Respondents to show cause as to why writ in the nature of Mandamus and direction of like nature shall not be issued directing the Respondents quashing and cancelling the Senior Examination Results 2021 of the Petitioner as declared by the CBSE.

(II) Issue rules upon the Respondents to show cause as to why writ in the nature of Mandamus and direction of like nature shall not be issued directing the Respondents to declare Senior School Certificate Examination, 2021 of the Petitioner in terms of Notification dated 17.06.2021 issued by the CBSE.

(III) Issue rules upon the Respondents to show cause as to why writ in the nature of Mandamus and direction of like nature shall not be issued whereby declaring that in terms of Notification, dated 17.06.2021 the Petitioner scored 46+27=73 marks in Chemistry, Physics 49+30=79 marks and in Mathematics 54+18=72 marks in Central Board of Secondary Education Examination 2021.

(IV) Pass an interim order directing IIT Bombay to keep 1 seat vacant in Bachelor of Design Coarse and/or to give provisional admission to the Petitioner subject to outcome of the Writ Petition.

(V) Make rules absolute.

(VI) Call for records.

(VII) Pass any further order/orders as this Hon'ble High Court considered fit and proper.'

3. Briefly stated, the petitioner was a student of Assam Riffles Public School at Agartala, the respondent no.3 herein. She has challenged her result of the Senior School Examination 2021 declared by the respondent-CBSE. It is stated that due to pandemic situation no examination could be conducted. The marks were allotted under a specific guideline issued by CBSE under the approval of the Hon'ble Supreme Court. The petitioner has stated that in terms of CBSE Notification dated 17.06.2021, her final marks would be as under:-

Subjects

Class X Marks (Best 3 Average=78) 80% of 78 (A)

30% of Class X(A) (B)

Class XI

30% of Class XI (C)

Class XII Marks (1st+2nd) Screening Tests(D)

40% of Class XII Marks (D) (E)

Total (B)+(C)+(E)

Physics

62

19

33

10

32+36=68 (70% of 68)=47

19

48

Chemistry

62

19

13

4

22+37=59 (70% of 59)=41

16

39

Maths

62

19

27

8

41+25=67 (80% of 67)=54

22

49

4. The petitioner in her affidavit by way of rejoinder has stated that, as per the tabulation sheet of respondent no.3, 21 marks was erroneously deducted from Physics, 18 marks was erroneously deducted from Chemistry, and 25 marks was deducted from Mathematics. Such deduction was in violation of the CBSE Notification dated 17.06.2021, for the simple reason, that, the Notification dated 17.06.2021 held that variation due to standardization shall be only +/- 5 marks.

5. The marks as shown in the above chart have not been disputed by the respondent-CBSE. At Para 10 of its counter affidavit the marks obtained by the petitioner is admitted. It is clarified in the guideline that average of best 3 subjects out of main 5 subjects is to

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top