The High Court at Bilaspur disposed of this writ petition filed regarding grievance over marks in the cancelled 2021 CBSE board exams, directing the Board to decide the petitioner's representation within 60 days.
Directed Respondents to take a decision on the petitioner's representation within 60 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (CIVIL) NO. 567 OF 2023
1. Soham Chakrabarti, S/o Shri Somabrata Chakrabarti, aged 20 years, residing at H/O Somabrata Chakrabarti, Rawan Cement Works, Rawan Village, District Balodabazar-Bhatapara (C.G.)
versus
1. Central Board of Secondary Education, through its Secretary, registered address at Shiksha Kendra 2, Community Centre, Preet Vihar, New Delhi (110092)
2. The Aditya Birla Public School, Rawan, Raipur, through its Principal, registered address at Rawan, District BalodabazarBhatapara (C.G.)
3. Central Board of Secondary Education, through its Regional Director, Bhubhaneshwar Region, registered address at Plot No.4, Vidya Marg, Sailashree Vihar, Chandrasekharpur, Bhubaneshwar Odisha (751021)
... Respondents
For Petitioner : Mr. Aman Saxena, Advocate. For Respondents 1 & 3 : Mr. T.K. Tiwari, Advocate.
_______________________________________________________ Hon’ble Shri Justice P. Sam Koshy Order on Board [10/04/2023]
1. The present Writ Petition has been filed by the Petitioner seeking for a decision by Respondent No.3 on the representation that he has made in respect of the marks awarded to him in 12th board examination conducted in 2021.
2. The grievance of the Petitioner is in respect of the marks awarded to him in the Maths subject. The Petitioner was a student of Respondent No.2 School. He had participated in the 12th board examination in 2021 but, because of the impact of Covid-19 pandemic, the said examination was cancelled.
3. On 8.8.2021, the Respondents No.1 & 3/CBSE have taken a policy decision for awarding of marks on the basis of certain guidelines framed by the CBSE. On the basis of the said Policy dated 8.8.2021, the result of the Petitioner was declared on the same day i.e. on 8.8.2021.
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4. The Petitioner, not happy with the marks that he has scored in the Maths subject, represented before the Respondent No.2 School. The Respondent No.2 School upon being convinced with the representation of the Petitioner, forwarded the grievance of the Petitioner to Respondent No.3 for appropriate decision on the same.
5. According to the Petitioner, no decision in this regard till date has been officially communicated to him at all nor has the Respondent No.2 School intimated about any such correspondence to the Petitioner, if any made by Respondent No.3.
6. Learned Counsel appearing for Respondents No.1 & 3/CBSE submits that as per the decision taken by Respondent No.3, in terms of the Policy dated 8.8.2021, there does not seem to be any scope of interference with the marks awarded.
7. Nonetheless, learned Counsel for Respondents No.1 & 3/CBSE, submits that if any representation has been made by the Petitioner to Respondents No.1 & 3 duly forwarded through the concerned School i.e. Respondent No.2, a decision shall be taken on the same and a communication shall also be made to the said School. However, if the decision till date has not been made or even if it has already been made, a copy of the same would further be sent to the Respondent No.2 School so that it may be communicated to the Petitioner through the Respondent No.2 School.
8. On the said submission by learned Counsel for Respondents No.1 & 3/CBSE, this Court is of the opinion that the present Writ Petition, at this juncture, can be and is accordingly disposed of, directing the Respondents No.1 & 3 to take a decision on the representation of the Petitioner which stands duly forwarded by Respondent No.2, in accordance with law, unless the same already stands decided. If the said representation already stands decided, let a communication be again sent to Respondent No.2 so that
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the same may be communicated to the Petitioner. If no decision has been taken till date, let a fresh decision be taken within an outer limit of 60 days.
9. The Writ Petition, with aforesaid directions, stands disposed of.
Sd/-
(P. Sam Koshy) JUDGE
sharad
2 issues framed by the court
Whether the CBSE must decide on a student's grievance regarding marks awarded in the cancelled 2021 12th board examination.
Whether the petitioner must wait for a decision before filing a writ or seek immediate judicial intervention.
1 provisions across 1 enactments
Soham Chakrabarti
Central Board of Secondary Education
The Aditya Birla Public School, Rawan
Central Board of Secondary Education (Bhubhaneshwar Region)
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
