✦ High Court of India · 20 Mar 2020

High Court · 2020

Case Details High Court of India · 20 Mar 2020

Court

High Court of India

Decided

20 Mar 2020

Bench

Not available

Length

1,538 words

Acts & Sections

Constitution of India

WP No. 37011 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-03-2025CORAMTHE HONOURABLE MRS JUSTICE N. MALAWP No. 37011 of 2024Preethi ...PetitionerVs1. The Secretary,The School Education Department, Fort St. George, Chennai 600 009.2. The Director,Directorate of Government Examinations, DPI Campus, College Road, Nungambakkam, Chennai 600 006.3. The Chairman,State Common Board of School Education (sec.)and Board Of Higher Secondary Examinations, Tamil Nadu, College Road, Chennai 600006.4. Adharsh Vidhyalaya Educational Institution,Adharsh Nagar, Anthiyur to Bhavani Road, Bhavani (TK), Erode 638 312. ...RespondentsPrayer : Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of writ of certiorarified mandamus, quashing the impugned order in Na.Ka.No.020118 / B3 /2020 dated 25/09/2020 on the file of the 2nd respondent and direct the respondent to re-evaluate the marks obtained by the petitioner in SSLC for the academic year 2019 -2020 by taking the mark obtained by the petitioner in Quarterly examination as 80 percent in 1/10 https://www.mhc.tn.gov.in/judis WP No. 37011 of 2024 whole and accordingly reassess and reevaluate the mark sheet of the petitioner and grant such other reliefFor Petitioners: Mr.Rajarajan, for Mr.D.NandhagopalFor Respondents: Mr.L.S.M.Hasan Fazil, AGP -R1 to R3 Mr.S.Senthil - R4O R D E RThe prayer in the writ petition is to quash the impugned order passed by the 2nd respondent in Na.Ka.No.020118 / B3 /2020, dated 25.09.2020 and direct the respondent to re-evaluate the marks obtained by the petitioner in SSLC for the academic year 2019 -2020, by taking the mark obtained by the petitioner in quarterly examination as 80 percent in whole and accordingly reassess and re-evaluate the mark sheet of the petitioner and to grant such other relief.2. The petitioner studied the first group with Physics, Biology, Chemistry and Mathematics in the Higher Secondary (12th standard) and obtained 87% in the Board exams conducted in May 2022. The petitioner applied for B.Tech ( Chemical Engineering), and joined the said course at Kongu Engineering College, Perundurai, Erode. The petitioner secured A and A+ grade in all major subjects in the first four semesters, with an aggregate CGPA of 8.76% (out of 2/10 https://www.mhc.tn.gov.in/judis WP No. 37011 of 2024 10). It is well known that several companies conduct campus interviews for selecting candidates and the minimum percentage of marks required in all examinations right from 10th Standard to degree is 60%. Even though, the petitioner secured A and A+ grade in all the four semesters with CGPA of 8.76 (out of 10) in B.Tech course and scored 87% in her higher secondary course, she apprehended that she would not be selected because of her low 10th grade marks.3. The petitioner states that while she was studying 10th standard, due to her ill health, she was not able to attend her half yearly examinations. Unfortunately, due to covid 19 pandemic from 20th March 2020 onwards, national lock down was enforced by the Central Government followed by State wide lock down issued by the State Government. In view of Covid lock down, the State Government decided to cancel all the Board examinations for 10th standard and other classes. The Government issued G.O.Ms. No. 54, dated 09.06.2020, declaring the students pass in the Board Exams. As regards the marks it was stated in the said G.O that the percentage of marks would be calculated taking 80% of the marks obtained by the students in quarterly and 3/10 https://www.mhc.tn.gov.in/judis WP No. 37011 of 2024 half yearly examination and 20% of marks towards attendance. As per the guidelines provided in the said G.O, the 2nd respondent issued SSLC mark sheet to the petitioner awarding 97 marks in Tamil, 46 marks in English, 48 marks in Maths, 58 marks in Science and 42 marks in Social Science. Thus, the petitioner was declared pass with 291/500 marks (i.e) 58%. The petitioner's mother submitted a representation to the 1st respondent on 28.08.2020, requesting revaluation of marks, but the 2nd respondent by order dated 25.09.2020, rejected the said request citing Government Order in G.O.Ms.No. 54, dated 09.06.2020. Challenging the same, the present writ petition is filed.4.The 2nd respondent filed counter affidavit stating that due to increase in Covid -19 cases during pandemic, the State Government decided to cancel the State Board Examination for all classes for the academic year 2019-2020 and issued Government Order in G.O.Ms.No. 54, School Education (GE) Department dated 09.06.2020, for the said purpose. Consequent to the cancellation of Board Exams, and as per the above G.O, all the students were declared pass by calculating the marks by taking 80% of the marks obtained in quarterly and half yearly examinations and 20% of the marks for attendance 4/10 https://www.mhc.tn.gov.in/judis WP No. 37011 of 2024 and published the results. As per the said calculation, the petitioner was awarded 291/500 marks (i.e) 58%.5. According to the respondents, the marks were calculated and awarded strictly in compliance with G.O.Ms.No. 54, School Education (GE) Department, dated 09.06.2020. The respondents stated that as per the said G.O, while calculating 80% towards marks obtained in half yearly and quarterly exams, weightage of 30 % was given for quarterly examination and 50% for half yearly examinations and the remaining 20% marks were awarded for attendance. The respondents therefore stated that the representation submitted by the petitioner's mother was rightly rejected by the 2nd respondent.6. The learned counsel for the petitioner submitted that the 2nd respondent failed to note that as per G.O.Ms.54 dated 09.06.2020, total marks were to be calculated by taking 80% of the marks obtained both in quarterly examination as well as in half yearly examination and 20% marks for attendance. The learned counsel submitted that the methodology adopted by the 2nd respondent for awarding marks to the petitioner was arbitrary and against the G.O. and hence the impugned order dated 25.09.2020, was liable to be set aside.5/10 https://www.mhc.tn.gov.in/judis WP No. 37011 of 2024 7. Heard both sides and perused the materials available on record.8. Since the main issue in the writ petition relates to the applicability of G.O.Ms.No. 54, School Education (GE) Department dated 09.06.2020, to the case of the petitioner, the relevant portion of the said G.O is extracted below;“(iii) khzth;fSf;fhd kjpg;bgz; kjpg;gPL mth;fspd; fhyhz;L kw;Wk; miuahz;L njh;t[fspy; me;je;j khzth;fs; bgw;w kjpg;bgz;fspd; mog;gilapy; 80 rjtpfpj kjpg;bgz;fSk;. khzth;fspd; tUif gjptpd; mog;gilapy; 20 rjtpfpj kjpg;bgz;fSk; tH';fg;gLk;/”9. The aforesaid G.O. does not mention about splitting of marks; it only states that the marks for the 10th standard board examinations would be calculated by taking 80% of the marks from the quarterly exams and half-yearly exams and 20% marks towards attendance. It appears that the 1st and 2nd respondents arrived at an arrangement for awarding marks for the 10th standard board examinations for the year 2019-2020, by splitting the weightage of 80% marks as 30% for quarterly exams and 50% for half yearly examinations. It was purely an internal arrangement of the respondents. The said fact is not 6/10 https://www.mhc.tn.gov.in/judis WP No. 37011 of 2024 disputed by the learned Additional Government Pleader.10. The marks obtained by the petitioner in 10th Standard quarterly examinations, the 12th Standard Board exams and B.Tech semester exams clearly establish that the petitioner is a bright and hard working student. It was due to her illness during the pandemic period that she could not attend the half yearly exams. The petitioner, in my view, should not be penalised for not attending the half yearly exams that too for reasons beyond her control. When the Government issued G.O.Ms.No.54, dated 09.06.2020, it issued the same in the interest and welfare of the students. As the G.O itself does not speak of splitting the marks, in my view, instead of giving 30% weightage to quarterly exams, 40% weightage can be given. If the petitioner's marks are calculated on the basis of 40% weightage for quarterly marks, 40% for half yearly exams and 20% for attendence, then the petitioner would get the following marks: Tamil – 92, English – 55, Mathematics – 56, Science – 52, and Social Science -47, with a total of 302 marks. The aforesaid marks are fair and reasonable and would enable the petitioner to compete in the campus placement. I am therefore of the view that the respondents should be directed to revise the marks of the petitioner as stated above.7/10 https://www.mhc.tn.gov.in/judis WP No. 37011 of 2024 11. Accordingly, the 1st and 2nd respondents are directed to revise the 10th Standard marks of the petitioner and issue a fresh 10th Standard mark sheet to the petitioner by awarding the following marks.S.No.SubjectsMarks out of 1001Tamil922English553Mathematics564Science525Social Science47Total302/500The mark sheet with the aforesaid marks shall be issued to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order.With the above observations and directions, the writ petition is allowed. No order as to costs.27-03-2025Index:Yes/NoSpeaking Order/Non Speaking OrderNeutral Citation:Yes/Noak/dsn8/10 https://www.mhc.tn.gov.in/judis WP No. 37011 of 2024 To1. The SecretaryThe School Education Department, Fort St. George, Chennai 600 009.2. The Director,Directorate of Government Examinations, DPI Campus, College Road, Nungambakkam, Chennai 600 006.3. The Chairman,State Common Board of School Education (sec.)and Board of Higher Secondary Examinations, Tamil Nadu, College Road, Chennai 600006.4. Adharsh Vidhyalaya Educational Institution,Adharsh Nagar, Anthiyur to Bhavani Road, Bhavani (TK), Erode 638 312. 9/10 https://www.mhc.tn.gov.in/judis WP No. 37011 of 2024 N. MALA. JakW.P.No. 37011 of 202427.03.202410/10

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