Allowed

Kumra Rajasri v. The Secretary

Telangana HC5 Sept 2013WP/24346/2013

Case brief

AI extract

What is this about?

This writ petition challenges the Board of Intermediate Education's declaration that a hearing-impaired candidate had failed her Intermediate exams. The Court held that the Board must reassess the petitioner's results considering her valid exemption from appearing for the English paper and directed them to declare the result accordingly.

What did the court decide?

Directed Respondents to reassess the petitioner's result for March and May 2012 examinations, taking into account concessions, and issue an appropriate certificate within four weeks.

Kumra Rajasri Vs The Secretary — Constitutional and Fundamental Rights | Telangana HC (2013)

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HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.24346 of 2013

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ORDER:

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The petitioner is a candidate suffering from hearing deficiency. She is studying Intermediate Vocational Course with Marketing and Salesmanship Group in Government Junior College for Girls at Adilabad. She has already appeared and cleared I^st year Intermediate examination. She further appeared for II^nd year Intermediate examination with hall ticket No.1213510201 in the month of March, 2012. On account of the handicap from which she is suffering from, exemption was granted to her, vide proceedings of the Controller of Examinations, Board of Intermediate Education, Hyderabad (Annexure - P.2) dated 27.12.2011, whereby she was granted concession of extra 30 minutes relating to jumbling system. She was also granted relaxation in pass marks of 25% to 20% and exemption from one language paper i.e. English. The said exemption order has been in force and both the Learned Counsel would submit that the petitioner is entitled for exemption while assessing her performance in the examination.

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When she appeared for II^nd year Intermediate examination in March, 2012, she did not appear for English paper in view of the exemption granted to her. However, her result was declared as failed as she was absent for English examination. The Principal of the College, where the petitioner is studying, under her letter in Rc.No.A1/Exams/2012, dated 21.06.2012 addressed to the Secretary, Board of Intermediate Education, Hyderabad, requested that she enjoys exemption from appearing for English paper and, as such, requested the Board of Intermediate Education to declare her result as pass duly considering the said exemption. However,

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no orders were passed by the Board on the said recommendation of the Principal. Meanwhile, supplementary examinations of Intermediate II^nd year came up for which the petitioner appeared in May, 2012 for English paper – II, and she was again declared failed as she secured 14 marks. The present Writ Petition is, therefore, filed challenging the declaration of the result of the petitioner as failed on the ground that respondent Nos.1 and 2 have not taken into consideration the orders of exemption.

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On 30.08.2013, this Court directed the Learned Standing Counsel for the Board of Intermediate Education to re-examine the matter, and report by the next date of hearing.

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Today, Smt A.Padma, Learned Standing Counsel for the Board of Intermediate Education, submits that the exemption, no doubt, is in favour of the petitioner and is in operation and, by virtue of the same, she need not appear for the English paper. In other words, it is stated fairly that the petitioner is entitled for declaration of her result without taking into account the appearance or otherwise for the ‘English’ paper since she is exempted from appearing for that examination. Learned Standing Counsel would submit that the Board of Intermediate Education has, however, no power to review once it has declared the result as failed, and cannot reconsider and declare her as passed by taking note of the exemption granted to her.

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The case of the petitioner is apparently processed for assessment without reference to the exemption by the Board itself. Since the proceedings dated 27.12.2011 (Annexure - P.2) refer to specific concessions and exemptions having been granted to the petitioner, they have to be applied by the respondents while assessing her performance at the examination. The petitioner has appeared for II^nd year Intermediate examination in March, 2012

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and supplementary examination in May, 2012 which is required to be reassessed in the light of concessions and exemptions granted vide proceedings dated 27.12.2011 (Annexure - P.2), referred to above. After extending the benefit of the said concessions and exemptions, the respondents have to pass appropriate orders declaring her assessment in the said examinations. Since the result of the petitioner declaring her as failed, in both the examinations held in March, 2012 and May, 2012, being contrary to the said order of exemption granted vide proceedings dated 27.12.2011 (Annexure - P.2), I deem it appropriate to direct respondent Nos.1 and 2 to reassess the result of the petitioner for the aforesaid examination, duly taking into account the concessions and exemptions granted vide proceedings dated 27.12.2011 (Annexure - P.2), and issue appropriate certificate to the petitioner within four weeks from the date of receipt of a copy of this order.

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The Writ Petition is, accordingly, disposed of. Miscellaneous petitions pending, if any, shall also stand disposed of. No order as to costs.

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VILAS V.AFZULPURKAR,J

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Date: 05.09.2013 Note:CC one week bo usd

Kumra Rajasri v. The Secretary

Case brief

What is this about?

What did the court decide?

Kumra Rajasri v. The Secretary

Case brief

What is this about?

What did the court decide?

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