IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.04.2024 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.20525 of 2022 G.Umashankar ... Petitioner Vs.

1.The Public Grievances Redressal Officer, Central Board of Secondary Education, Plot No.1630A, J Block, 15th Main Road, Anna Nagar West, Chennai 600 040

2.The Controller of Examinations, Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vinhar, New Delhi 110 092

3.The Correspondent, Velammal New Gen Park, Ambattur – Redhills Road, Surapet, Chennai 600 066 ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the 1 & 2 respondents (CBSE Board) to consider petitioner email communications dated 27.10.2021 followed by 08.03.2022 sent to them and to order give effect to petitioner son revised marks forwarded by the third respondent school and publish in their CBSE website.

For Petitioner : Mr.C.H.Vinobha Gandhi For Respondents For R1 & 2 : Mr.G.Nagarajan

ORDER

This writ petition has been filed for direction to the first and second respondents to consider the communication of the third respondent to award revised marks.

2. The petitioner's son had studied 10^th std in the third respondent school in the year 2021. His marks were declared on 03.08.2021. However, the petitioner was not satisfied with the marks awarded. He submitted representation to the third respondent school. On receipt of the said report, the third respondent school revised the marks and awarded higher marks than the marks awarded before and sent it to the first and second respondents. On perusal of the circular issued by the first respondent dated 08.08.2021, as per the direction given by the Hon'ble Supreme Court of India, the Board has issued the policy for tabulation of marks for class XII examinations 2021 dated 17.06.2021. As per the circular, the committee has prepared the results for 10^th std and awarded marks based on average theory component of best three performing subjects put of the main five subjects. In case, the candidates feel that they are not satisfied with their marks awarded, they can make a representation to their respective schools for verification and the concerned school should reply. Therefore, the third respondent school has no authority to issue revised mark sheet.

3. Once the school revised the students' marks and published by the first and second respondents, there is no question of issuance of revised mark sheets. The only option available to the petitioner is that if the petitioner is not satisfied with the marks awarded by the respondents, the petitioner can write examination once again. Therefore, the third respondent has no authority to issue revised mark sheet and the first and second respondents cannot consider the revised mark sheet issued by the third respondent to award marks to the petitioner. Therefore, the prayer sought for in this writ petition cannot be considered. As such, this writ petition is devoid of merits and liable to be dismissed.

4. Accordingly, this writ petition is dismissed. There shall be no order as to costs.

01.04.2024 Neutral citation: Yes:No Index: Yes/No Speaking/Non-speaking order lok To

1.The Public Grievances Redressal Officer, Central Board of Secondary Education, Plot No.1630A, J Block, 15th Main Road, Anna Nagar West, Chennai 600 040

2.The Controller of Examinations, Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vinhar, New Delhi 110 092

3.The Correspondent, Velammal New Gen Park, Ambattur – Redhills Road, Surapet, Chennai 600 066 G.K.ILANTHIRAIYAN, J.

lok

01.04.2024