## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
## **TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942**
## **WP(C).No.15493 OF 2020(J)**
## **PETITIONER:**
**MATHEW M. THOMAS AGED 18 YEARS S/O. THOMAS MATHEW, 5B TIKNAR PETALS, JAWAHAR NAGAR, KADAVANTHARA , ERNAKULAM, KERALA 682 020.**
**BY ADVS. SRI.LIJU.V.STEPHEN SMT.INDU SUSAN JACOB**
## **RESPONDENTS:**
- **1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, BOARD OF SECONDARY EDUCATION, NEW DELHI 110 001.**
- **2 CENTRAL BOARD OF SECONDARY EDUCATION, NEW DELHI , REPRESENTED BY ITS CHAIRMAN, 110 001.**
- **3 CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCTION, COMMUNITY CENTRE, SHIKSHA KENDRA, PREET VIHAR, NEW DELHI, 110 092.**
**4 REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, THIRUVANANTHAPURAM, KERALA 695 001. R1 BY SRI.KRISHNADAS P.NAIR, CGC R2-4 BY SRI.NIRMAL S., SC, CBSE**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-112020, THE COURT ON 22-12-2020 DELIVERED THE FOLLOWING:-**
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## **JUDGMENT**
**Dated this the 22[nd] day of December 2020**
The Writ Petition is filed seeking the following prayers:
“(i) To issue a Writ of Mandamus or any other appropriate Writ, Order of direction directing the Respondents 2 and 3 to release the 12[th] grade results of the Petitioner in accordance with law, publishing the results of Computer Science also, without any further delay.
(ii) To issue a Writ of Mandamus or any other appropriate Writ, Order or direction directing the Respondents 2 and 3 to grant Petitioner’s internal assessment marks for the subjects of English and Maths for the Class XII CBSE Exams for 2020 by taking the average of the practical marks of the other three subjects placing reliance on the guidelines issued by the Hon’ble Supreme Court.”
2. Heard the learned counsel for the petitioner and the learned Assistant Solicitor General of India as well as the learned Standing Counsel appearing for the CBSE.
3. It is submitted that the petitioner appeared for the Class XII exams conducted by the CBSE in the year 2019 and passed the same. However, he was dissatisfied with the marks and he applied for improvement in all the subjects in
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2020. The exams were conducted in February-March 2020. He appeared for 4 of the exams. The Computer Science exam scheduled to be held on 21.03.2020 was cancelled due to the Covid-19 pandemic and the resultant lock-down. It is submitted that when the results were published, the result of petitioner was withheld. It is further submitted that as per the guidelines issued by the Supreme Court, the average marks scored in 3 subjects should be taken for the cancelled subject and that the said scheme is not taken into account in the petitioner's case.
4. A statement has been placed on record by the counsel for respondents 2 to 4 on 19/8/2020. It is stated therein at paragraphs 5 and 6 as follows:
“(5) The averment in Para 3 of the writ petition that since the petitioner had scored 62 marks for the Computer Science 12[th] grade exams held in the year 2019, the CBSE either ought to have taken the said marks or on the basis of the guidelines issued by the Supreme Court of India is not correct. **As per Point No.1 of the circular COORD/PTG-PVT//2019 dated 13.12.2019** , carrying over of practical marks in respect of private CandidatesPractical marks of candidates who had appeared in 2019 will be taken from the record
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available with the Board. The petitioner had scored 28 out 30 in practical of Computer Science in 2019 and the same marks has been carried over this year. The same is reflected in the published result of the petitioner (Ext.P14). True copy of Circular **COORD/PTG-PVT//2019 dated 13.12.2019** is produced here with and marked as **Annexure R 2 (a)**
(6) The contention of petitioner, in Para 4 of the writ petition that the result of computer science examination is not published is not correct. Exam of Computer Science (old) was not conducted in 2020 due to Covid-19 situation and as mentioned earlier, the petitioner has already cleared class-XII in 2019 and marks for Computer Science (old) theory exam are available with him. Therefore, no marks were published for Computer Science (old) theory exam in 2020.”
## 5. It is further submitted at paragraph 9 of the statement as
## follows:
“9. Furthermore, the allegation of the petitioner that the publication of petitioner’s marks was done against the guidelines of the Supreme Court is incorrect. As per the notification dated 25/06/2020 submitted before the Hon’ble Supreme Court of India, as per point no.4,
“For class XII, CBSE will conduct an optional examination in the subjects whose examinations were scheduled to be conducted from 1[st] July to 15[th] July as soon as conditions are conducive, as assessed and decided by the central government.”
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Accordingly CBSE has provided online link for application by the private candidates of class XII for optional examination i.e. whose results has been declared on the basis of assessment scheme and wish to improve their performance wide circular no.COORD/Optional/Private/ 2020 dated 12.8.2020. Petitioner could have applied for this exam and no fee was charged. True copy of notification dated 25/06/2020 is produced here with and marked as **Annexure R2(b).** True copy of Circular No. **COORD/ Optional/Private/2020 dated 12.08.2020** is produced here with and marked as **Annexure R2(c).** ”
It is the specific contention of the CBSE that the assessment scheme as contained in Clause 7 of Ext.R2(b) Circular has absolutely no application in the petitioner's case and that it is not intended for candidates attempting improvement exams in the year 2020.
6. The contention of the petitioner is that the provisions of Ext.R2(b) notification, especially clause 7 (b) thereof, is to be applied to the petitioner, who had appeared for the improvement examination in March 2020 and the petitioner is liable to be awarded marks for the cancelled examination accordingly.
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7. The learned counsel for the respondents made available a copy of the Minutes of the Results Committee. Item No.V at page 9 thereof is the consideration of declaring of result of candidates who were to appear in improvement of performance. After deliberations, the Committee decided that the result of the subjects in which they have appeared is to be declared and in the remaining subjects, they may be permitted to appear in the next examination for compartment candidates of 2020. Therefore, the contention of the petitioner that the petitioner's results are to be declared taking note of Clause 7 of Ext.R2(b) cannot be accepted since the petitioner was appearing for improvement in the year 2020 and in such cases, the proper course was to appear in the next examination.
8. Petitioner admittedly did not opt to appear in the next examination. Though the learned counsel for the petitioner sought to rely on the CBSE byelaws in support of the proposition that the Result Committee can only place recommendation before the Board for approval, it is
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evident from Ext.R2(b) that the Minutes had been placed for approval before the Board and it was in consideration thereof that notifications were issued by the CBSE. The decisions relied on by the learned counsel for the petitioner in **Scheduled Caste and Weaker Section Welfare Association (Regd.) v. State of Karnataka [1991 (2) SCC 604]** and **Rasid Javed v. State of Uttar Pradesh [2010 (7) SCC 781],** therefore, have no application in the facts of this case.
In the above circumstances, I am inclined to accept the contentions raised by the CBSE that Ext.R2(b) notification has no application in the petitioner's case. The Writ Petition, therefore, fails. The same is accordingly dismissed.
Sd/-
## **Anu Sivaraman, Judge**
sj
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## **APPENDIX**
## **PETITIONER'S EXHIBITS:**
**EXHIBIT P1**
**A TRUE COPY OF THE 10TH GRADE CERTIFICATE ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION DATED 3.06.2017.**
**EXHIBIT P2 A TRUE COPY OF THE 12TH GRADE CERTIFICATE ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION DATED 2.05.2019.**
- **EXHIBIT P3 A TRUE COPY OF THE PETITIONERS ADMIT CARD OF THE CBSE 12TH GRADE EXAMINATION 2020 ISSUED BY THE CENTRAL BROAD OF SECONDARY EXAMINATION DATED NIL.**
- **EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 18.7.2020 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.**
- **EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 18.7.2020 SENT BY THE PETITIONER TO THE 4TH RESPONDENT.**
- **EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 18.7.2020 SENT BY THE PETITIONER TO THE 1ST RESPONDENT.**
- **EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 18.7.2020 SENT BY THE PETITIONER TO THE 3RD RESPONDENT.**
**EXHIBIT P8 A TRUE COPY OF THE EMAIL DATED 15.7.2020 SENT BY THE PETITIONER TO THE 4TH RESPONDENT.**
- **EXHIBIT P9 A TRUE COPY OF THE EMAIL DATED 17.7.2020 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.**
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**EXHIBIT P10 A TRUE COPY OF THE EMAIL DATED 17.7.2020 SENT BY THE PETITIONER TO THE 3RD RESPONDENT.**
**EXHIBIT P11 A TRUE COPY OF THE EMAIL DATED 19.7.2020 SENT BY THE PETITIONER TO THE 3RD RESPONDENT TO THE PETITIONER.**
- **EXHIBIT P12 A TRUE COPY OF THE EMAIL DATED 17.7.2020 SENT BY THE PETITIONER TO THE 3RD RESPONDENT TO THE PETITIONER.**
- **EXHIBIT P13 A TRUE COPY OF THE SENIOR SCHOOL CERTIFICATE EXAMINATIONS RESULTS OF THE PETITIONERS DATED NIL.**
- **EXHIBIT P14 A TRUE COPY OF THE PETITIONER EXAMINATION RESULT FOR SENIOR SCHOOL CERTIFICATE EXAMINATION (CLASS XII), 2020 PUBLISHED ON 22.07.2020.**
- **EXHIBIT P15 A TRUE COPY OF THE EXAMINATION RESULTS OF ANOTHER REGULAR CANDIDATES FOR SENIOR SCHOOL CERTIFICATE (CLASS XII), 2020.**
## **RESPONDENT'S EXHIBITS:**
**ANNEXURE R2(a) TRUE COPY OF CIRCULAR COORD/PTGPVT/2019 DATED 13.12.2019**
- **ANNEXURE R2(b)**
**TRUE COPY OF NOTIFICATION DATED 25.06.2020**
**ANNEXURE R2(c) TRUE COPY OF CIRCULAR NO.COORD/OPTIONAL /PRIVATE/2020 DATED 12.08.2020**
True copy
PS to Judge
