In Writ Appeal No.400 of 2022, the Madras High Court dismissed the appeal. The court held there was no error in the lower court's dismissal of a petition seeking clarification of the marking scheme causing low marks, noting the student did not appear for exams due to ID blockage.
The writ appeal is dismissed. No 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 JUDICATURE AT MADRAS
DATED: 02.03.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.400 of 2022
R.Babu, representing on behalf of his minor daughter Kumari B.Henasri.
.. Appellant/ Petitioner
Vs
1.The Controller of Examiner, Central Board of Secondary Education (Regional Office), No.3, Old No.1630A J Block, 16th Main Road, Anna Nagar, (Near Thirumangalam Signal) Behind Sridevi Hospital,
Chennai-40.
2.The Vice Principal, Kendriya Vidyalaya, AFS, Avadi, Chennai-55. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 21.09.2021 in W.P.No.20098 of 2021.
Prayer in WP.No.20098 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of writ of Mandamus, to direct the respondents clarification of marking scheme that took place this year for low marks given to the student.
For the Appellant : Mr.B.Janarthkumar
JUDGMENT (Delivered by the Hon'ble Chief Justice)
The appellant herein has filed the writ petition for issuance of a direction on the respondents to clarify the marking scheme that resulted in awarding of low marks to the appellant's daughter.
appellant is with regard to award of low marks to his daughter.
show that his daughter could not take certain examinations due to blockage of the ID, resulting in award of lower grade. A challenge to the blockage of ID with a prayer to permit her to take examination to get her grade upgraded is not made. The prayer in the writ petition was to clarify the marking scheme that resulted in awarding of low marks.
was the appellant's daughter who has not taken all the examinations, which resulted in her securing lower grade. If the appellant's daughter was deliberately not permitted to appear in the examinations, a challenge to it should have been made by seeking permission to appear in the examination, but without appearing in the examination, the appellant could not have prayed for award of higher marks.
Looking to the aforesaid, we do not find any error in the judgment of the learned Single Judge and, accordingly, finding no merit in the appeal, the same is dismissed. No costs.
Sd/Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
sasi
To:
W.A.No.400 of 2022
NRL(CO)
SB(08/03/2022)
2 issues framed by the court
Whether the Single Judge erred in dismissing the petition seeking clarification on the marking scheme that resulted in lower marks.
Whether the appellant could claim higher marks when the student did not appear for the examinations due to ID blockage.
R.Babu
Controller of Examiner, Central Board of Secondary Education
Vice Principal, Kendriya Vidyalaya
Munishwar Nath Bhandari
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
