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
| 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
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