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Dr. v.Selvakumar v. the Central Board of Secondary Education

Madras HC2 Jan 2026WP/4108/2022

Case brief

AI extract

What is this about?

CBSE Class X COVID-19 marks moderation challenge; Indian School Nizwa (Oman); 'Type 2' dispute; CBSE Resolution dated 08.08.2021; representation dated 10.08.2021; 6 marks (4 English, 2 Science); Grade A1 vs A2; school-average-based moderation; acceptance of moderation in one subject bars selective complaint; matter rendered infructuous after 3 years as student is in college; Article 226 mandamus; V.Selvakumar v. CBSE; W.P.No.4108 of 2022; disposed of, no costs; Justice D. Bharatha Chakravarthy.

What did the court decide?

The moderations were calculated strictly as per the Rules; depending on the school average, the student gained 3 marks in Arabic but lost 4 marks in English and 2 marks in Science. ¶36

Dr. v.Selvakumar Vs the Central Board of Secondary… — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether the respondents should be directed to consider the representation dated 10.08.2021 of the petitioner's daughter S.Sahana Selvakumar seeking restoration of 6 marks (4 in English, 2 in Science) lost in the COVID-19 moderation of her Class X marks and upgradation of her grade from A2 to A1. +1 more

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Court's answer

The moderations were calculated strictly as per the Rules; depending on the school average, the student gained 3 marks in Arabic but lost 4 marks in English and 2 marks in Science.

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Ratio / Principle

A candidate who has accepted the benefit of moderation in one subject (Arabic) cannot complain of the moderation that caused loss of marks in other subjects (English and Science); the loss of marks alone cannot be selectively complained of.

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Key takeaways

Three years having passed and the student being now in college after completing Class XII, nothing further remains to be adjudicated in the matter at this stage.ratio¶36
Where a calamity causes disadvantage to humanity, open-heartedly embracing the disadvantage for the sake of the common good is itself part of education.obiter¶36

Detailed headnote1 paragraphs

Madras High Court, W.P.No.4108 of 2022 (decided 02.01.2026, D. Bharatha Chakravarthy, J.) — Father's writ petition under Article 226 seeking a mandamus to direct the respondents to consider his daughter's representation dated 10.08.2021 (a 'Type 2' dispute under the CBSE Resolution dated 08.08.2021) for restoration of 6 marks (4 in English, 2 in Science) lost in the COVID-era Class X moderation and upgradation from Grade A2 to A1 — Counter affidavit of respondents 1 and 4 showed marks were moderated school-average-wise: the student gained +3 in Arabic but lost 4 marks in English and 2 in Science — Held: the authorities calculated the moderation strictly as per the Rules; a candidate who has accepted the moderation benefit in one subject cannot complain where moderation causes loss of marks in others; three years having elapsed and the student having completed Class XII and entered college, nothing further remains to be adjudicated — Writ petition disposed of; no costs.

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W.P.No.4108 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.01.2026

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CORAM:

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THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.4108 of 2022

V.Selvakumar

... Petitioner

1.The Central Board of Secondary Education, Shiksha Kendra 2, Community Centre, Preetvihar, New Delhi – 110 092.

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2.The Chairman, Indian School Nizwa, Affiliation No.6130 008, P.O.Box:598, P.C.611, Thymsa, Nizwa, Oman.

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3.John Dominic George .A The Principal, Indian School Nizwa, Affiliation No.6130 008, P.O.Box:598, P.C.611, Thymsa, Nizwa, Oman. 4.The CBSE Regional Office Chennai, Plot No.1630 A, J Block, 15^th Main Road, Anna Nagar West, Chennai – 600 040. ... Respondents

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https://www.mhc.tn.gov.in/judis

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W.P.No.4108 of 2022 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue writ of mandamus, directing the respondents to consider the representation dated 10.08.2021 sent by the petitioner's daughter S.Sahana Selvakumar in “Type 2” dispute as per the CBSE Resolution dated 08.08.2021 in the light of the resolution and guidelines of the CBSE and award 6 marks i.e. 4 marks in English and 2 marks in Science and fix her ranking on the original marks obtained and upgrade her in Grade A1 instead of Grade A2 as per the guidelines and pass such further or other orders.

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For Petitioner : Mr.G.Saravanakumar For Respondents : Mr.T.Krishna Bhagavat for R1 & R4 Not ready in notice – for R2 and R3

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ORDER

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This writ petition is filed with a prayer directing the respondent to consider the representation of the petitioner dated 10.08.2021.

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The grievance of the petitioner in the representation is that when

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the marks were granted and modulated on account of COVID-19 pandemic, the petitioner's daughter unfortunately lost 6 marks i.e., 4 marks in English and 2 marks in Science and if that 6 marks is granted, her grade will be upgraded to Grade A1 instead of Grade A2.

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When the matter came up for arguments, the learned Counsel for

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the petitioner seeks time to get instructions from her client and also to get instructions to the current situation.

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https://www.mhc.tn.gov.in/judis

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W.P.No.4108 of 2022 4. It can be seen that the writ petition is filed in the year 2022 for

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Class – X. By now, the student would have completed Class-XII and will be in College. This apart, in the counter affidavit filed on behalf of the respondents 1 and 4, the tabular column given in paragraph no. 8 states as follows:

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“8. .....

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A nutshell of the actions taken by the school in awarding marks to

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Ms.Sahana Selvakumar for various subjects are given below in a tabular

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format.

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*Subject*	*Originall* y *received* *marks* *(TH) by* *the* *candidat* *e in the* *school* *examinat* *ions* *(based* on *approved* *calculati* *ons)*	*Marks* *awarded* *by the* *Result* *Committe* e *10/06/202* 2 *(Uploade* *d to the* *CBSE* *site)*	*Moderatio* *n given by* *the Result* *Committee* on *10/06/2022* *. (Uploaded* *to the* *CBSE site)*	*Finally* *awarded* *marks* *after* *executing* *the CBSE* *instruction* *s on 95-* *100 marks* *groups*	*Moderation* *s applied for* *executing* *the CBSE* *instructions* *(95-100* *marks* *bunching* *issue)*	*Int.* *Marks* *(rounded* *up)*
English	74	76	+2	70	-4	20
Arabic	72	76	+4	75	+3	20
Mathematics	76	77	+1	76	0	20
Science	77	80	+3	75	-2	20
Social Science	78	78	0	78	0	20
Overall Moderations applied			+10		-3

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https://www.mhc.tn.gov.in/judis

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W.P.No.4108 of 2022 Thus from the above table, the school has moderated the Marks of the

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petitioner daughter as per the rules thereby scaling up/down marks to the petitioner daughter along with other 07 top-rank holder students of the school concerned.”

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Thus, it can be seen that depending on the school average,, when moderations were applied, the student got 3 marks in Arabic. But, however, on account of the school average, had to lose 4 marks in English and 2 marks in science. The Authorities have calculated strictly as per the Rule. When the petitioner has accepted the moderation in respect of the subject Arabic, in respect of the subjects where the student is losing the marks alone, it cannot be complained of. Further. it is true that the student has written the examination meritoriously and she truly deserves that 4 marks in English and 2 marks in Science, but, when a calamity happens to humanity, on account of which, any person has to suffer disadvantages, the education should be put in the student’s mind that she should open heartedly embrace the disadvantage for the sake of the common good, which is also a part of the education. It is true that the parent considering the frame of mind of the student at that point of time had filed the writ petition. Now 3 years have passed by. Now, the student would be in college and therefore, nothing further remains to be adjudicated in this matter at this stage.

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https://www.mhc.tn.gov.in/judis

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W.P.No.4108 of 2022

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