Arbitrary denial of an updated merit certificate post re-evaluation constitutes a violation of a student's rights.

Versus Himachal Pradesh Board of School Education & others … R espondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?¹Yes ____________________________________________________ _ For the petitioner : M/s Hirdaya Ram and Suresh Singh Saini, Advocates.

For the respondents : Mr. Chander Shekhar, Advocate, for respondent No.1.

o Mr. Rahul Thakur, Deputy Advocate General, for respondents No.2&3-

State.

Ajay Mohan Goel, Judge By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

“(i) To quash and set-aside the impugned merit certificate i dated 07-05-2024 (Annexure P-5) which has been issued on the base of the old marks 686/700 (Annexure P-1) by the respondent No. 1 knowing it fully well that the petitioner has scored 693/700 marks (Annexure P-2) after revaluation which is due to carelessness on the part of the respondent No.1 failing to evaluate the Answer Book carefully.

(ii) To place the petitioner at the appropriate place in the merit list of the Matriculation examination held in March 2024 by the respondent No.1 on the base of marks obtained by the petitioner after revaluation which has

1 Whether reporters of the local papers may be allowed to see the judgment?

increased from 686/700 (Annexure P-1) to 693/700 (Annexure P-2) because the present merit certi.ficate (Annexure P-5) has been issued on the base of the Annexure P-1 which is illegal, unjust and arbitrary.

(iii) To burden the respondent No. 1 witHh heavy cost for the reason that the petitioner has been harassed for no fault of the petitioner and that the petitioner, being a girl child of 15 years, has undergone the agony due to gross negligence on the part of the respondent No. 1.

(iv) To call for the records pertaining to the case at hand.

(v) Such other order, which this Hon'ble Court deems fit and proper, may also be passed in favour of the Petitioner in the interest of justice and fair play.”

2. The case of the petitioner is that she appeared in the 10^th class examination conducted by the respondent/Board in the month o f March, 2024. When the result was declared, in terms of the marks-sheet (Annexure P-1) she was declared to have secured 686 marks out of 700. The result was declared on 07.05.2024. As the petitioner was not satisfied with her result, she applied for re- evaluation. Upon re-evaluation, her marks in terms of Annexure P-2 increased to 693 out of 700. Copy of the mark-sheet issued is appended with the petition as Annexure P-2, which was issued on

26.09.2024.

3. The grievance of the petitioner is that after the result of her re-evaluation, she requested the respondents to issue her a merit certificate which was issued to the top ten students who had scored the highest marks in the matriculation examination, so as to render her eligible to receive scholarship etc., but the same was not being done. It was with this grievance that the petitioner approached this Court.

4. When the matter was listed in the CourtH on 24.04.2025, the following order was passed:-

“CMP No. 5297 of 2025 By way of this application, a prayer has been made for condona tion of delay in refiling the petition after removal of the objections.

In the light of the averments made in the application, the same is allowed. Delay in refiling the petition ois hereby condoned. Application stands disposed of.

CWP No. 4452 of 2025 Notice. Mr. Chander Shekhar Thakur, learned h counsel and Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of respondent No.1 and 2, 3, respectively.

i By way of this writ p