K. Viswanathan v Union of India & Others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **THURSDAY, THE 31[ST] DAY OF MARCH 2022 / 10TH CHAITHRA, 1944** ## **WP(C) NO. 22634 OF 2021** ## **PETITIONER:** K.VISWANATHAN, AGED 53 YEARS S/O.KRISHNAN THAMPI, T.C. 9/1925-1, SARASWATHI VILASAM, PULLAIKONAM, KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010. BY ADVS. RAJU JOSEPH (SR.) C.JOSEPH ANTONY JOHN MANJOORAN ## **RESPONDENTS:** 1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF EDUCATION, SHASTRI BHAVAN, NEW DELHI-110 001. 2 THE CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI, DELHI-110 092, REPRESENTED BY ITS CHAIRMAN. 3 THE REGIONAL OFFICER, CBSE REGIONAL OFFICE, CTTC, ADMIN BLOCK, BSNL RTTC CAMPUS, KAIMANAM, THIRUVANANTHAPURAM-695 040. 4 THE PRINCIPAL, CHRIST NAGAR SENIOR SECONDARY SCHOOL, CHAVARAPURAM, THIRUVALLAM P.O., THIRUVANANTHAPURAM-695 027. BY ADVS. SRI.NIRMAL S., SC, CBSE R.S.KALKURA SRI.S.MANU, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.22634/2021 2 ## **JUDGMENT** Ext.P10 communication dated 13.9.2021 issued by the Christ Nagar Senior Secondary School, respondent No.4 and Ext.P11 communication dated 20.9.2021 issued by the Central Board of Secondary Education respondent Nos.2 and 3 have been challenged by the petitioner, father of V.S.Nanditha, a student of X[th] Standard in the 4[th] respondent school, though the further prayer of quashing clause 18 of Ext.P1 at the time of hearing was not pressed. 2. Nanditha, daughter of the petitioner, was a student of 4[th] respondent school in X[th] standard. Due to covid 19 pandemic, Central Board of Secondary Education (hereinafter called CBSE) could not conduct X[th] and XII[th] year Board examinations in respect of the academic year 2020-2021, instead formulated the examination byelaw to award marks and grade for class X Board exams on the basis of the academic performance of the student in previous class test/terminal/model examinations as well as Pre-Board examinations conducted by the school during the academic year 2021. Copy of the byelaws dated 1.5.2021 has been attached as Ext.P1. 3. The petitioner’s daughter as per the documents i.e., W.P.(C) No.22634/2021 3 Exts.P3, P4 and P5, is stated to have good academic record inasmuch as that in class IX, had secured 95% marks in the second terminal examination and scored 422.75 marks out of 450 i.e., 93.94% in the model examination of Std X. However, it is averred that there were three model examinations, but the petitioner’s daughter performed more or less in the same manner and no separate mark list was issued. She used to get very high marks in Science and also in the language of Hindi. CBSE had also issued Ext.P2 circular dated 8.8.2021 in which a disputes resolution policy was formulated prescribing certain situations where the candidate was not satisfied with the marks awarded can submit representation defined as dispute Nos.1, 2, 3 etc. When the results were announced by the Board on 3.8.2021, the petitioner’s daughter was awarded low marks in Hindi and Science as evidenced from Ext.P6. A detailed representation was submitted to the Principal 4[th] respondent dated 7.8.2021 and also before 2[nd] and 3[rd] respondents i.e., CBSE on 12.9.2021. The replies as noticed above has been challenged before this Court. 4. Learned counsel representing the petitioner submitted that Exts.P3 and P4 show that the petitioner’s daughter was having a good academic record and Ext.P5 and another two model examinations’ W.P.(C) No.22634/2021 4 result conducted during the academic year 2021 showed that she obtained 90% above for all subjects and on the basis of evaluation the Result Committee could give 94 marks in English, 90 marks in Mathematics and 97 marks in Social Science. But, however in Hindi and Science marks were given as 60 and 42 as per Ext.P6 which are much lower than the previous examinations. By applying the procedure as per her previous records, there appeared to be some mistake committed by the Result Committee. Clause 8 of the policy stipulates that the evidence towards the performance of students in the internal tests/exams conducted by the school should be documented student-wise and maintained in a secured manner which can be called upon for subsequent verification and all the schools will see the records of the students along with rationale document. However, Exts.P10 and P11 communications do not show that any reclarification was ever done by the Result Committee or Regional office of CBSE. There were many safeguards in the policy as CBSE is also empowered to depute a team to verify the documents and the process of allocating marks uploaded to ensure correctness. 5. The contents of the reply of the fourth respondent reveals that average marks in the reference year was 62.3 and average W.P.(C) No.22634/2021 5 marks in the current year was 62.21 with regard to Hindi whereas of the Science, were 56.08 and 57.27. Clause 9 of the scheme stipulated that application of Periodic Test/Unit Test, Half Yearly/Mid- Term examinations and “Pre Board” examinations is to be done for allocating maximum 10 marks for Periodic and Unit Tests, 30 marks for Half Yearly/Mid-Term examinations and 40 marks for Pre-Board Examinations. As per the decision of the respondent CBSE, petitioner’s daughter obtained 76.5, 68 and 72 marks for Science subject and 68, 73 and 77 marks for Hindi language in the three model examinations/Pre-Board examinations. Even the school had also submitted a representation to the Regional Office stating that the marks awarded to the petitioner’s daughter were incorrect as far as the Science subject is concerned and had requested the Authorities to grant further 18 marks for Science subject, which was also rejected vide Ext.P11. 6. After the promulgation of the scheme Ext.P1, a circular Ext.P2 dated 8.8.2021 was issued pursuant to the direction issued by the Hon’ble Supreme Court in Writ Petition (Civil) No.522 of 2021 titled as _**Miss.Mamta Sharma v. CBSE**_ dated 22.6.2021 for rectifying the mistakes in awarding marks. Thus for all intents and W.P.(C) No.22634/2021 6 purposes, clause 18 of Ext.P1 notification was nullified by the judgment. The aforementioned circular Ext.P2, for the sake of reputation, had deciphered types of disputes like 1, 2, 3 etc. The entire procedure was prescribed for dealing with the disputes raised under different heads. 7. The fourth respondent had filed three affidavits. In the third affidavit, which was filed on 20.12.2021 as per the direction of this Court, there was a total change in the basic facts from the affidavit dated 9.12.2021 where it was categorically stated that the marks were awarded on the basis of the marks obtained in the 3 PreBoard examinations though the calculation had no correlation with the marks shown in the affidavit. But, in the other counter affidavit dated 20.12.2021 a different methodology was mentioned. The school had conducted three Unit Tests/Periodic Tests, two Mid-term/Half Yearly tests and three Pre-Board examinations and weightage was given to the above tests as 10, 30 and 40 as per the notification Ext.P1. As per the tabulation sheet Ext.P12, calculation done by the school is not in accordance with the notification. 8. On the other hand, learned Standing Counsel representing the Central Board of Secondary Education countered the arguments W.P.(C) No.22634/2021 7 on the ground that as per Ext.R2(b), the complaint raised by the school was that the petitioner’s daughter had more than 90 marks in English, Mathematics and Social Science, but had only 62 marks in Science. But, there was a technical error as one of her Pre-Board exam papers could not be traced out. So the error happened in the tabulation of the student’s score and requested the CBSE to grant further 18 marks for Science as per clause 2 of Ext.P2. But, no reasonable explanation was provided by the school for grant of additional marks as contained in clause 3(a) of Ext.P2 dispute resolution policy. In fact the school failed to demonstrate how the error or the alleged mistake occurred. In the counter affidavit dated 20.12.2021, once the school had contended that they had taken the best performance in the tests and examinations as the basis of assessment, the school cannot be justified in contending that there was a technical error. As per the reference year, the school was provided a bucket of marks and by going by the rationale document, the marks uploaded by the school were completely utilised by the school and there was no balance marks left with the school. It was under such circumstances the request of the candidate was rejected. Awarding of the marks would not have seriously affected the W.P.(C) No.22634/2021 8 petitioner’s daughter as the candidate was put to notice to avail the opportunity to appear for the optional examination. The entire report of the Committee regarding result dispute resolution has been placed on record which do not reflect any non application of mind. 9. Learned counsel for the school reiterated the stand taken in the affidavit, as submitted by the counsel for the petitioner, that there was an error in the tabulation as one of the Pre-Board examination tabulation was not available and requested the CBSE to award 18 marks. But, in the first affidavit no such plea was taken and the plea taken in the Writ Petition was seriously objected to. The cumulative effect of the three affidavits filed reveals that the school has taken a dichotomous stand. 10. Learned counsel for the petitioner in support of the aforementioned submission, in rebuttal, relied upon an order dated 31.1.2022 of the Hon’ble Supreme Court in _**Akshpreet Kaur v. CBSE**_ in Writ Petition (Civil) No.1170 of 2021 whereby the school under the mistaken belief submitted representation under type-4 dispute which was rejected by the Authority whereas the dispute should have been under type- 2 and in this view of the matter, direction was issued to the School Result Committee to examine the representation made by W.P.(C) No.22634/2021 9 the students as ascribable to type -2 dispute. 11. I have heard the learned counsel for the parties and appraised the paper book. 12. It would be axiomatic to extract certain clauses of the policy for tabulation of marks dated 1.5.2021 as well as circular dated 8.8.2021 issued by the CBSE pursuant to the direction of the Supreme Court classifying the types of dispute and modalities. It is pertinent to mention here that before referring to certain clauses, the result declared by the CBSE as per the tabulation submitted by the school would not take away the valuable right of the candidate as the candidate will be given an opportunity to appear in the examination as and when the conditions are conducive to hold examination. Following clauses pertaining to procedure for assessment of students, Constitution of Result Committee, recording of evidence and assessment and assessment standardisation are extracted herein below : ## _“_ _**Procedure for Assessment of Students**_ _4. The students will be assessed out of maximum 100 marks for each subject As per the policy of the Board, 20 marks are for Internal Assessment and 80 marks are for Year-end Board Examinations._ _5. The Internal Assessment for 20 marks will be as per the existing policy laid out in circular number Acad-11/2019 dated March 6, 2019 available at http://cbseacademic. nic.in/web_material/Circulars/_ W.P.(C) No.22634/2021 10 ## _2019/11 Circular 2019 pdf._ _Based on the circular, Internal Assessments have already been done by the schools and a majority of schools have uploaded their data on the CBSE portal. It is requested that all schools should upload the marks of Internal Assessment latest by 11th June, 2021 as communicated earlier_ _6. Due to cancellation of the Board Examinations, the assessment of 80 marks will be done by the school:_ _(a) based on the marks scored by the candidate in the different tests/exams conducted by the school during the year, and_ _(b) the marks should be in consonance with the past performance of the school in Class X Board examinations._ ## _**Constitution of Result Committee**_ _7. Each school shall form a Result Committee consisting of Principal and seven teachers for finalizing the results. Five teachers from the school should be from Mathematics, Social Science, Science and two languages, and two teachers from neighbouring schools should be co-opted by the school as the external members of the Committee. Rules for the constitution of the Committee and their roles & responsibilities are given at Annexure - 1. The external teachers will be paid a total fixed honorarium of Rs 2500/- per person by the Board. All the internal Committee members will be paid a fixed honorarium of Rs 1500/- by the Board. CBSE will make available an online module for entering claims of honorarium which will be remitted directly into the accounts of Committee members._ ## _**Recording of Evidence and Assessment**_ _8. The evidence towards the performance of the student in the internal tests/exams conducted by the school should be documented student-wise and maintained in a secure manner. These documents may be called upon for subsequent verification as per the instructions of the Board._ _9. As per the information collected from the schools through Regional Offices of CBSE, schools have conducted different types and number of tests/exams. Broadly, the following exams/tests are common and will be used for schoolbased assessment and the weightage in terms of maximum marks for schools who have conducted the above tests/exams is given below:_ |_Category of Tests/Exams_|_Category of Tests/Exams_|_Maximum Marks_| |---|---|---| |_(a) Periodic Test Unit Test_||_10 Marks_| |_(b) Half Yearly/Mid-Term Examinations_||_30 Marks_| |_(c) Pre-Board Examinations_||_40 Marks_| |||_-----------------_| ||_Total_|<br>_80 Marks_| |||_-----------------_| W.P.(C) No.22634/2021 11 _10. In case schools have conducted more than one test/exam, within each category, the Result Committee may fix the weightage to be given to each test/exam within the category subject to the overall maximum marks for that category. For example, if a school has conducted two or three pre board exams it may decide to take an average of the three exams, take the best performance in the three tests or give a weightage to each exam as considered suitable._ _11. There are some schools where one or more of the above three categories of tests/exams have not been conducted. Further, there may be differences in terms of the mode of conduct of examination i.e., Online/Offline. Also, it is possible that some of the students may not have appeared in any or some of the examinations conducted by the schools._ _12. In all the above cases, Result Committee constituted by the School will have to address these challenges based on the analysis and study of the situation prevailing in the school and thereafter draw up a criterion for the assessment of 80 marks. The aim should be to cover as broad a range of assessment objectives as possible. The Rationale for the criteria should be well thought out, objective and should be documented in the form of Rationale Document (See Annexure - 2), explaining in detail how the school assessed marks have been determined out of 80 in these cases._ _(a) where all the three categories of tests/exams have not been conducted by the school, and_ _(b) in cases where students have not appeared in any or some of the tests/exam category selected for the assessment._ _The Committee should, in all cases, clearly record all its decisions in writing with the reasons in the Rationale Document._ ## _**Assessment Standardisation**_ _13. As marks will be allocated at school level, they will strictly not be comparable across schools due to the variations in the quality of question papers, the evaluation standard and processes, the mode of conduct of exams etc. Therefore, to ensure standardisation, reach school will have to internally moderate the marks to account for the school level variations by using a reliable reference standard._ _(a) the historical performance of the school, in terms of the best overall performance in the previous three years' Board examination, will be taken as the reference for moderating the marks assessed by the school for 2021. For example, if in a specific school, the overall average of students in 2017-18 is 72% in 2018-19 is 74% and in 2019-20, it is 71%, the school will use the subject-wise averages of 2018-19, which are the highest, for moderation. The selected year will be the reference year for the school. For each subject, the school will have to follow a broad distribution of marks which will be based on the performance of the reference year by that school in that subject._ _(b) The subject, wise marks assessed by the school for 2021 should be within a range of +_ 2 marks obtained by the school in the subject in the reference year. However, the overall average marks_ W.P.(C) No.22634/2021 12 _for the school assessed in 2021, for all the 5 main subjects, should not exceed the overall average marks obtained by the school in the reference year_ _(C) In case data for a school for only two years is available then the best performance out of two years' will be taken and in case data is available for only one year, the same will be taken._ _(d) Marks obtained by the students of the school in the subject in a previous Board examination have been taken for the purpose of internal moderation, as this is based on own performance of the school and thus a reasonably reliable, unbiased and fair reference standard._ _(e) In schools where the students are appearing in the Class X Board Exams for the first time and hence have no historical data available, the Board will provide the details for the district, state and national averages of last two years performance in the Board Exams and the best performance in terms of overall average score, from among the district, national and state averages, will be taken as the reference year This data will be provided for different groups of schools for which results are announced by CBSE viz. NVS, KVS, Government Schools, Independent Schools etc_ _(f) The broad distribution of marks obtained by the students of the school in the specific year, subject-wise, will be made available to the school by the Board in their login account (See Annexure – 3) (g) Once the Result Committee finalizes the marks on the basis of tests/exams, it has to ensure that the marks of students are aligned with the broad distribution of marks provided by the Board._ _(h) To facilitate this and make it easy for schools, CBSE online system in which school can enter the marks and check whether the marks allocated are in conformity with the historical distribution. In case there is a mismatch, then the Result Committee shall have to revise the marks, as the case may be, as per a consistent and objective criterion which should also be documented in the Rationale Document._ _(i) In case, due to the skewness of results, the Result Committee finds itself unable to fit the marks in the distribution given, it may decide to give weightage to the students' performance in Class IX and/or other periodic evaluations including project-based assessments which are an objective measure of the academic performance of the students._ _(j) The second reference for moderation will be the average marks for the school in the Board Examinations of the reference year. As stated earlier, the subject-wise marks assessed by the school in 2021, should be within a range of t 2 marks for the subject in the reference year. However, the average marks in 2021, for all the 5 main subjects taken together, should not exceed the average marks in the reference year. For example, if the average marks obtained in Mathematics and Science was 62 and 66 in the reference year, the average in Mathematics assessed for 2021 should be in the range of 62 1 2 1.e., ranging from 60 to 64 marks, and for Science should be in the range of 66 1 2 marks. While subject-wise variation is allowed, the average for the 5 main subjects should not exceed that_ W.P.(C) No.22634/2021 13 _of the reference year i.e., if it was 65 marks, then the average assessed marks for all the 5 subjects taken together in 2021 should not exceed 65 marks._ _(k) Both these checks will be available in the online system, and once the uploaded school-based assessment marks are consistent with the Board's policy and directives, the school will be able to finalise the marks on the Board's portal. In case marks are not consistent with the Boards policy, schools will not be able to upload marks on the Boards portal._ _14. The above has been done, keeping in mind that the school principals and teachers are best placed to assess the student based on the performance of the students in the internal tests/exams. They are expected to provide a fair and objective assessment of the student and have been given the autonomy and flexibility to do so. However, to take care of the variations in school level evaluation processes, there is a need to standardize the scores across schools through a process of moderation of marks This is necessary in the PRO interest of fairness and to ensure that the marks allocated are comparable and there is no adverse impact or undue gain for any student because of the methodology/processes of evaluation used by the individual school.”_ 13. The aforementioned policy also contains few annexures i.e., annexure 1 Rules for Constitution of the Committee, their role and responsibilities, annexure 2 rationale document for Class X whereby the marks of 10, 30 and 40 against Unit Test/Periodic Test, MidTerm/Half Yearly Test and Pre-Board examination which have been assigned which are not under challenge, annexure 3 internal moderation of marks pertaining to Mathematics subject and annexure 4 time schedule. 14. Since there was certain disputes, for describing the dispute, the Hon’ble Supreme Court in the judgment referred to above gave directions to the CBSE by specifying disputes. In lieu thereof CBSE W.P.(C) No.22634/2021 14 had come out with the circular dated 8.8.2021 defining different disputes, the same reads as under : ## _**“TYPES OF DISPUTES/CASES COVERED**_ ## _**(a) WHAT ARE TYPE - 1 AND 2 DISPUTES Disputes regarding computation of results**_ _The result has been prepared by Result Committee constituted as per the directions of the CBSE by taking the following %age of components -_ _Class XII Marks based on Unit Test/Mid-Term/Pre-Board Exam 40% Class X1 Marks based on theory component of final exam 30% Class X Marks based on average theory component of best three 30% performing subjects out of main 5 subjects_ _The Result Committee has prepared the result and uploaded on the website o its computation. In case, candidate(s) feel that they are not used with the more awarded, they can make the representation to the principal of the short vector and reply by the school to the candidate concerned._ ## _**(b) WHAT ARE TYPE - 3 DISPUTES**_ ## _**DISPUTES REGARDING WRONG COMPUTATION / UPLOADING OF RESULT**_ _Once any Result Committee, herself le without any representation tem ay se observed that mistake has been committed by them in calculation feeding the marks on other factual mistake._ _**(c) WHAT ARE TYPE - 4 DISPUTES**_ ## _**DISPUTES REGARDING POLICY**_ _The Policy has been approved by the Hon'ble Supreme Court of India vide se 17.06.2021. Result has been prepared by all the Result Committee in cine ne approved Tabulation Policy. Dispute if any against the policy will lead under this category.”_ 15. In so far as dispute Nos.1 and 2 are concerned, on preparation of the result by the result committee, the result has to be uploaded on the website of CBSE for its computation and if the candidate is not satisfied with the marks awarded, the candidate can make representation to the Principal of the school for verification and reply by the school to the candidate concerned whereas type - 3 W.P.(C) No.22634/2021 15 disputes either the Ruling Committee itself without representation from any student, observing the mistake had been committed, draw modalities to address the disputes. 16. Now the question which arises for consideration is whether the case of the petitioner’s daughter having secured, according to the averments, good result in the model examination and academic session for 2019 and second terminal examination 2018-2019 and 2019-2020 would be the genesis for assessing the tabulation conducted by the Committee to be fair or unfair. On going through the entire paper book including the reply filed by the petitioner only report card for Class VIII of academic session 2018-2019 conducted by the school, progress report of second terminal examination 20192020 and progress report of Model Examination 2020-2021 have been placed on record, but, no result card of the Pre-Board examinations of the aforementioned period has been placed on record as 40% of the marks have been assigned for evaluation of the marks achieved in Pre-Board examinations. In the present case, the dispute raised by the petitioner fell under type-1 and type-2 whereas raised by the school fell under type-3 and both have been redressed vide impugned communications Exts.P10 and P11, the contents of which reads as W.P.(C) No.22634/2021 16 ## under : _“CHRIST NAGAR SENIOR SECONDARY SCHOOL A CMI Educational Institution Affiliated to the Central Board of Secondary Education, Delhi No 930254_ _To 13.09.2021 Mr K Viswanathan Father of Ms V S Nanditha Adm. No. C4079 Sub: Response from CBSE on the grievance of CBSE class X result - reg: Ref: Your letter dated 07.08.2021 Respected Sir, This is to inform you that your request in connection with the score of Class X was submitted to the Central Board of Secondary Education (CBSE), through the proper channel. The complaints or appeals wer xpected to be submitted through web portal given by CBSE by respective schools. Ms V S Nanditha's request for higher score in Science was submitted to the Board._ _The Board has given its reply through the same web portal as 'Appeal is rejected'. Sd/Fr Sebastian Atlichira Principal”_ _“Request for reconsideration of marks awarded in the CBSE X Board Examinations 2021 From: CBSE RCTVM (tvmconfi.cose@gmail.com) To: Vigwanathanak57@yahoo.in Date, Monday, 20 September, 2021, 11.30 am UTC Sir/Madam,_ _1. Please refer to your letter dated 12 September 2021._ _2. Your case has been examined by the committee members and rejected. The same has already been intimated to the School through the CBSE portal. CBSE has conducted exams for all these subjects for unsatisfied candidates. Regional Officer CBSE:RO, Trivandrum”_ 17. This Court cannot sit in the arm chair of the expert committee for assessment and tabulation of the marks alleged to be disputed by the petitioner viz. a. viz. The model progress report and W.P.(C) No.22634/2021 17 the model test examination for, some children have great liking by the teachers and awarding of little marking cannot be ruled out. Though the said opinion of mine cannot be a ground, germane, to the adjudication of the dispute, but normally in the local examination of the school, students have no pressure and achieve good results. The petitioners have prevented this Court from gauging the marks obtained in the Pre-Board examinations. Non production of the same would result in drawing an adverse inference. Different stand of the school taken in different affidavits would not help the candidate for rectification of the result particularly in Hindi and Science as it depended upon the question papers, model question papers viz. a. viz. Pre-Board and terminal tests. There can be differences between the two examinations and it is not so assured that a candidate who has secured good marks in the model tests or terminal tests would secure higher marks in the Pre-Board examination. The order dated 31.1.2022 of the Hon’ble Supreme Court was just a direction that in fact mistakenly the dispute was brought under the purview of type-4 whereas it should have been type-2, besides that there was no such adjudication on the merit of the matter. 18. CBSE had been categoric in the stand regarding the W.P.(C) No.22634/2021 18 assessment standardization that the marks allocated at school level will strictly not be comparable across the schools due to variations in the quality of question papers, evaluation stand and process the mode of conduct of exams and thus, for ensuring standardisation each school will have to internally moderate the marks to account for the school level variations by using a reliable reference standard. There are about 20000 schools whose results had been declared based upon the tabulation policy and each school was having its own standards for making question papers for assessment of the students in the home examination, particularly when they were conducted online. Obviously the performance of the students would be much higher than the actual performance/understanding they had. Historical performance of the school in terms of the best overall performance in the previous three years' Board examination, was also required to be taken as reference for moderating the marks assessed by the school for 2021. The subject-wise marks assessed by the school for 2021 should be within a range of plus two marks obtained by the school in the subject in the reference year. 19. The grievance of the petitioner was covered within the categories of 'dispute regarding policy' and 'dispute regarding W.P.(C) No.22634/2021 19 computation of results' and the same was examined by the “School Request Submission for Resolution (SRSR) committee members comprising of Deputy Commissioner, Principal Kendriya Vidyalaya, Assistant Secretary, Regional Office, CBSE, Thiruvananthapuram and Principal of Private CBSE school and after consideration, rejected the case in accordance with the policy. 73 cases were considered by the Committee, out of which, 8 cases were reviewed and interfered with as there was some manifest errors. Since all these factors have been taken care of by the expert committee, I do not find any justification in interfering with the impugned communications. No ground for interference is made out. The Writ Petition is accordingly dismissed. **Sd/-** **AMIT RAWAL JUDGE** csl W.P.(C) No.22634/2021 20 ## **APPENDIX OF WP(C) 22634/2021** PETITIONER EXHIBITS - Exhibit P1 TRUE COPY OF THE NOTIFICATION KNOWN AS POLICY FOR TABULATION OF MARKS FOR CLASS 10 BOARD EXAMS 2021 BASED ON THE INTERNAL ASSESSMENTS CONDUCTED BY THE SCHOOLS DATED 01.05.2021. - Exhibit P2 TRUE COPY OF THE CIRCULAR NO.CBSE/CE/DISPUTE-RESOLUTION/2021 DATED 08.08.2021 ISSUED BY THE CBSE. - Exhibit P3 TRUE COPY OF THE REPORT CARD FOR CLASS 8 DATED 01.04.2019. - Exhibit P4 TRUE COPY OF THE PROGRESS REPORT OF THE 2ND TERMINAL EXAMINATION OF STANDARD 9 DATED 05.08.2021. - Exhibit P5 TRUE COPY OF THE MARK LIST OF V.S. NANDITHA FOR THE MODEL EXAMINATION IN STANDARD 10, DATED 06.08.2021. - Exhibit P6 TRUE COPY OF THE MARK STATEMENT/CERTIFICATE DOWNLOADED FROM CBSE PORTAL DATED NIL. - Exhibit P7 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 4TH RESPONDENT DATED 07.08.2021. - Exhibit P8 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT BY THE PETITIONER DATED 12.09.2021. - Exhibit P9 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 3RD RESPONDENT BY THE PETITIONER DATED 12.09.2021. - Exhibit P10 TRUE COPY OF THE REPLY GIVEN BY THE 4TH RESPONDENT TO THE PETITIONER DATED W.P.(C) No.22634/2021 21 13.09.2021. Exhibit P11 TRUE COPY OF THE REPLY GIVEN BY THE 3RD RESPONDENT TO THE PETITIONER DATED 20.09.2021. Exhibit P12 TRUE COPY OF THE TABULATION SHEET PREPARED BY THE PETITIONER. RESPONDENTS' EXHIBITS - Exhibit R2(a) TRUE COPY OF THE ORDER DATED 22.6.2021 IN WP(C) NO.522/2021 EXHIBIT R2(b) TRUE COPY OF THE RELEVANT PAGES OF THE SRSR COMMITTEE REPORT ALONG WITH THE COVERING LETTER DATED 18.8.2021 EXHIBIT R4(a) TRUE COPY OF TABULATION IN RESPECT OF THE REFERENCE YEAR MARKS AND CURRENT YEAR PERFORMANCE OF THE STUDENTS OF CHRIST NAGAR SENIOR SECONDARY SCHOOL - EXHIBIT R4(b) TRUE COPY OF THE LIST OF MEMBERS OF THE RESULT COMMITTEE CONSTITUTED AS PER EXHIBIT P1 BY THE CHRIST NAGAR SENIOR SECONDARY SCHOOL. - EXHIBIT R4(c) TRUE COPY OF THE LETTER SUBMITTED BY THE 4TH RESPONDENT IN THE PORTAL OF THE CBSE FOR INCREASE OF 18 MARKS FOR THE DAUGHTER OF THE PETITIONER IN SCIENCE SUBJECT. Exhibit R4(d) TRUE COPY OF THE TABLE OF MARKS DISTRIBUTION FOR THE STUDENTS OF THE 4TH RESPONDENT SCHOOL Exhibit R4(e) TRUE COPY OF THE ANNEXURE-A2 RATIONALE DOCUMENT OF CLASS X SUBMITTED BY THE 4TH RESPONDENT SCHOOL Exhibit R4(f) TRUE COPY OF THE FINAL LIST OF THEORY MARKS UPLOADED FOR CLASS X 2021 OF THE 4TH W.P.(C) No.22634/2021 22 RESPONDENT SCHOOL Exhibit R4(g) TRUE COPY OF THE LIST OF THEORY MARKS OBTAINED BY STUDENTS OF CLASS X 2021 OF THE 4TH RESPONDENT SCHOOL BEFORE APPLYING RATIONALE METHOD