Allowed

Ms. Jhanvi M. Bhatija, through Father, Mukesh Bhatija v. the Divisional Secretary, Maharashtra State Secondary and Higher Secondary Board and Ors.

Bombay HC23 Aug 2012WP/7405/2012

Case brief

AI extract

What is this about?

The Court allowed a writ petition by a student with learning disabilities. Directing the Maharashtra State Board to verify and retotal Physics marks, the Court held the Board erred in omission, enabling the student to pass.

What did the court decide?

The Board was directed to recompute the marks and ensure the petitioner is allowed the benefit of available concessions.

Ms. Jhanvi M. Bhatija, through Father, Mukesh… — Education and Admissions | Bombay HC (2012)

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VBC 1 WP7405.12-23.8

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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WRIT PETITION NO.7405 OF 2012

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Ms.Jhanvi M.Bhatija, through her father, Mukesh Bhatija.

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..Petitioner.

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versus

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The Divisional Secretary, Maharashtra State Secondary and Higher Secondary Board & Ors.

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..Respondents.

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Ms.Kumud A.Bhatia for the Petitioner. Mr.Kiran Gandhi i/b. Little & Co. for Respondent Nos.1 and 2.

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CORAM : DR.D.Y.CHANDRACHUD AND A.A.SAYED, JJ. August 23, 2012.

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P.C. :

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The Petitioner suffers from a learning disability. A certificate has been issued to her by the Learning Disability Clinic of Sion Hospital on 29 January 2009 and by the Associate Professor of Psychiatry of the same Hospital on 7 May 2012. The Petitioner appeared for the Higher Secondary Certificate Examination in March 2012 in the Science stream and submitted an application for availing of concessions provided to students suffering from Learning Disabilities by the Maharashtra State Board of Secondary and Higher Secondary Education. The Petitioner obtained 266 marks out of 600 with a percentage of 44.33. Copies of the answer-sheets were supplied to her. In in Physics she has been awarded 29 marks out of 100, while in Mathematics she has been awarded 20 marks out of 100. It is an admitted position that students with a learning disability are entitled to 20 grace marks overall. It is also admitted that if the Petitioner secures one additional mark in

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VBC 2 WP7405.12-23.8

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Physics, she would be entitled to five grace marks, enabling her to pass the subject, while the balance of 15 marks would be awarded as grace marks in mathematics as a result of which she would pass the subject and the examination overall.

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The Petitioner submitted an application on 29 June 2012 for verification of her marks in Physics since it was her contention that the marks had not been correctly totaled. The process of verification involves only an arithmetical rechecking of the marks already assessed and does not involve reassessment. A reassessment of marks is not provided by the State Board Regulations while verification is permitted. In Question 1, the Petitioner has been awarded three marks. We have seen both the photo copy which has been supplied to the Petitioner and which is annexed at Exhibit-G as well as the original answer sheet which has been produced by Counsel appearing on behalf of the Board. It is evident that the Petitioner has been awarded a total of four marks in Question-1 but there is an inadvertent error in totalling the marks. . The Petitioner has received one mark each in Questions 1(3), 1(4), 1(6) and 1(8) making a total of four marks. The Board proceeded on the basis that in Question 1(8), the Petitioner has been awarded no marks since the answer was incorrect. Ex-facie even a bare perusal of the original answersheet would indicate that in Question 1(8), the Examiner has awarded one mark and has tick marked the answer. The Board has wrongly proceeded on the basis that there is a cross next to the answer to Question 1(8). In the process of verification, it was not open to the Board to reassess the answer to the question, but the Board could have only retotaled the marks. In fact, it has

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VBC 3 WP7405.12-23.8

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been urged on behalf of the Petitioner that if the marks were to be reassessed, the entirety of the answer paper would have to be reassessed since the Petitioner would be able to demonstrate that the assessment for certain questions is palpably wrong. However, we are not inclined to allow the Petitioner to do so since the Regulations of the Board only permit a verification and not a reassessment. In consequence, the marks which have been awarded to the Petitioner for Question 1 would have to be corrected (upon a bare arithmetical re-totalling) as four marks instead and in place of three marks as a result of which the Petitioner would secure one additional mark in the subject of Physics.

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The Petition is accordingly disposed of in terms of the aforesaid directions. The First Respondent shall now recompute the marks in accordance with law by giving to the Petitioner the benefit of such concessions as are available in law to students suffering from learning disability. The Petition is accordingly disposed of. There shall be no order as to costs.

Ms. Jhanvi M. Bhatija, through Father, Mukesh Bhatija v. the Divisional Secretary, Maharashtra State Secondary and Higher Secondary Board and Ors.

Case brief

What is this about?

What did the court decide?

Ms. Jhanvi M. Bhatija, through Father, Mukesh Bhatija v. the Divisional Secretary, Maharashtra State Secondary and Higher Secondary Board and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

Coram

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