Appeal against dismissal of writ petition seeking relaxation of CBSE time limits for verification and re-evaluation. Court rejected claim, stating individual exemptions upset Board schedules and appellant failed to make complete payment as stated in their own email.
Writ appeal dismissed with no orders as to costs.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 18TH DAY OF AUGUST 2020 / 27TH SRAVANA, 1942
WA.No.1097 OF 2020
AGAINST THE JUDGMENT IN WP(C) 16071/2020(H) OF HIGH COURT OF KERALA
APPELLANT/APPELLANT:
SIVA AJOY(MINOR)
AGED 17 YEARS, S/O. AJOY L.S, THIRUVONAM HOUSE, MEEZHCHERIMEL, CHENGANNOOR, ALAPPUZHA DISTRICT, PIN-689 121, REPRESENTED BY HIS FATHER AJOY L.S, THIRUVONAM HOUSE, KEEZHERIMEL, CHENGANNOOR, ALAPPUZHA DISTRICT, PIN-689 121.
BY ADV. SRI.GEORGE SEBASTIAN
RESPONDENTS/RESPONDENTS:
SRI.NIRMAL S, SC FOR RESPONDENTS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 18th day of August, 2020
S.Manikumar, C.J.
Instant writ appeal is filed challenging the judgment dated 11.8.2020 in W.P.(C)No.16071 of 2020, by which the writ court dismissed the writ petition. The reliefs sought for in the writ petition are as under:
“i) To declare that the time limits prescribed in Annexure A of Exhibit P3 are not mandatory and only directory.
ii) issue a writ of mandamus, order or direction to the respondents to permit the petitioner to apply for issuance of evaluated copies of answer books and to permit him to make the necessary payments for the same within a reasonable time to be fixed by this Hon'ble Court,
iii) issue a writ of mandamus, order or direction to the respondents to permit the petitioner to apply for re-evaluation of his answer sheets and permit him to make the necessary payments for the same within a reasonable time to be fixed by this Hon'ble Court.”
The petitioner appeared for the Senior School Certificate Examination (Class XII) conducted by the respondents held in the month of February - March 2020. Even though he performed very well in the exams, he secured very less marks than expected, in theory papers.
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Ext.P3 is the notice issued by the respondents showing the modalities and schedule for verification and re-evaluation of answer sheets. As per Annexure A of Ext.P3, he applied for verification. As per Ext.P4 verification status, there was no change in marks. Therefore he wanted to apply for copies of evaluated answer books and for re-evaluation as provided in Ext.P3.
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and mandatory. The petitioner cannot be compelled to do something which was impossible for him. The Hon'ble Supreme Court and this Hon'ble Court had even relaxed the mandatory nature of even the statutes dealing with limitation. Therefore a limited request was made to provide an opportunity to the petitioner to apply and make payment for obtaining photocopies of answer sheets and thereafter to direct the respondents to permit the petitioner for applying for re-evaluation.
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to alter its time frame. Regarding academic matters the decision of the expert body to fix the time frame/table cannot be interfered. In the case at hand the justification given by the petitioner that due to the reason that by Ext.P6 the petitioner's ward was declared as Containment Zone, does not seem to be correct, in view of the admission in Ext.P7 that he applied on the last day but the payment was not successful. The further averment in para 3 of the writ petition that the payment was tried to be made through a friend that not seem to be correct in the light of Ext.P7 email. In the present scenario of online classes it is wholly unbelievable that the petitioner was not having a computer or other device to access the net. Thousands of students across the Nation have followed the time frame fixed by the CBSE and no justification can be made for having not applied within the time frame by the petitioner.
“12. This Court is of the considered opinion that a relaxation or lenient view cannot be shown to the petitioner alone because there may be numerous identically placed students seeking the same benefit. If such indulgence is shown, in exercise of the powers of this Court under Article 226 of the Constitution of India, it may upset the time schedules of the Board, which will be detrimental to the interest of the lakhs of students studying under the Board. Thus, I do not find any merit in the request made by the petitioner to permit him to apply for the evaluated
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copies of the answer books and for re-evaluation of the answer scripts after the prescribed time period fixed by the Board.”
that:
A. The learned Single Judge ought to have considered the fact that the respondents had never stated any difficulty in accepting and processing the application, if an opportunity is granted to the appellant. No practical difficulty was pointed out in the statement and during the arguments.
B. Merely because an attempt was made to apply through a friend of the appellant who was not in the containment zone does not show that the appellant was in a position to make the applications, without any difficulty.
C. The time limits mentioned in Exhibit P3 are not statutory or inflexible. This Hon'ble Court in exercise of Article 226 of the Constitution of India can give necessary directions to secure the ends of justice.
D. As per Exhibit P6, persons who are violating the same would be prosecuted under the Kerala Epidemic Diseases Ordinance, Disaster Management Act 2005 and Sections 188 and 269 of IPC. Had the appellant and his parents gone out of the house for making the online application, action would have been taken against them under those enactments.
E. The explanation given by the appellant in the memorandum of writ petition regarding Exhibit P7 communication was wrongly brushed aside by the Learned Single Judge.
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submissions on the grounds raised in the writ appeal.
“CENTRALBOARD OF SECONDARY EDUCATION
(An Autonomous Organisation under the Ministry of Human Resource Development, Govt. of India)
CBSE/COORD/2020/F.11
14/07/2020
NOTICE
Reg: Modalities and Schedule for Senior Secondary School (Class
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XII) Examinations, 2020 in the subjects whose examinations have been conducted by CBSE for the processes of
(I) Verification of Marks
(II) Obtaining Photocopy of the Evaluated Answer Book(s) (III) Re-evaluation of Marks
The detailed modalities for applying for Verification of Marks, Obtaining Photocopy of the Evaluated Answer Book(s) and Re-evaluation for the candidates who have appeared for the Senior School Certificate (Class XII) Examination, 2020 in the subjects whose examinations have been conducted by CBSE is as given hereunder:-
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decrease), such candidates shall have to surrender the marksheet which is in their possession. Thereafter, they shall be issued a new Marksheet. Outcome of the verification and reevaluation will be final and binding.
a) Schedule is given in Annexure-A. Processing charges is Rs.500/- per subject.
b) The result of verification of marks will be communicated in the following manner: -
(i) The result of verification of marks will be uploaded on CBSE's website. (ii) In case of change in marks, a letter will also be sent to the applicant by Speed Post/e-mail by concerned Regional Office of CBSE.
(iii) In case, where there is no change of marks, no letter will be sent by CBSE, however, it will be available on website.
(iv) Applicants are advised to visit CBSE's website for the status of verification request.
c) ONLY THOSE CANDIDATES: WHO WILL APPLY FOR VERIFICATION OF MARKS ONLINE- WILL BE ELIGIBLE TO APPLY FOR OBTAINING PHOTOCOPYOF.ANSWER BOOK(S) IN THAT/THOSE SUBJECT(S).
(II) APPLICATION FOR OBTAINING PHOTOCOPY-OF THE EVALUATED ANSWER BOOK
a) Only those candidates who have applied for verification of Marks Online in manner as prescribed above will be eligible to apply for obtaining photocopy of the evaluated answer book(s).
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b) Processing Charges will be Rs.700/- per subject. Schedule is given in Annexure-A.
c) Application submitted on behalf of the candidate and also incomplete application will be summarily rejected and fees deposited shall be forfeited without any further reference.
d) Photocopy of the evaluated answer book will be provided in the candidate's login account after blocking all information relating to the identity of the Examiner/ Evaluator/ any other official associated with the examination/evaluation process etc. e) IF THE CANDIDATE DESIRES TO CHALLENGE THE MARKS AWARDED TO ANY. QUESTION, THEN HE/SHE WILL HAVE TO APPLY ONLINE, AS PER THE SCHEDULE FOR RE-EVALUATION OF MARKS.
(III) RE-EVALUATION OF EVALUATED ANSWER BOOK(S)
(a) Only those candidates who have applied for obtaining photocopy of the evaluated answer book shall be eligible to apply for re-evaluation or challenge the marks awarded to any question(s).
(b) Request for re-evaluation/challenges shall be accepted only for theory portion @ Rs. 100/- per question.
(c) The applicant will have to refer to the marking scheme in the subject concerned which would be available on the website alongwith the question paper. Thereafter, candidates can submit application for re-valuation in the required question(s) with reasoning.
(d) Status of revaluation shall be uploaded on the website followed by a formal letter by speed post/e-mail.
(e) No appeal or review against the re-evaluation would be entertained. In case of all the above three activities, i.e. I, II and III, the decision of the Competent Authority of the Board on the marks awarded shall be final and binding on the candidates.
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Photocopy of the answer book(s) under RTI-Act-2005 will be provided as per provisions of RTI Act, 2005. However, request for verification and/or re-evaluation cannot be made under RTI Act.
Sd/-
(DR. SANYAM BHARDWAJ) CONTROLLER OF EXAMINATIONS”
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was incomplete and therefore, rejected.
In the light of the above discussion, writ appeal is dismissed. No
costs.
Sd/- S.Manikumar, Chief Justice
Sd/- Shaji P.Chaly Judge
vpv
/TRUE COPY/
P.A. TO JUDGE
3 issues framed by the court
Whether the High Court can grant relaxation to the appellant to apply for re-evaluation after the prescribed time limit fixed by the CBSE.
Whether the time limits prescribed by the CBSE for verification and re-evaluation of answer sheets are statutory and mandatory.
If the appellant's justification of containment zone restrictions and payment failure warrants granting an exception to the fixed time schedule.
SIVA AJOY(MINOR)
THE CENTRAL BOARD OF SECONDARY EDUCATION
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
