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G. Anu Vidya v/s The Assistant Secretary/Deputy Secretary, Central Board of Secondary Education, Chennai & Others

    W.P. No. 22039 of 2022 & W.M.P. No. 21044 of 2022
    Decided On, 18 August 2022
    At, High Court of Judicature at Madras
    For the Petitioner: R. Krishna Prasad for Sarvabhauman Associates, Advocates. For the Respondents: R1 & R2, G. Nagarajan, Standing Counsel – CBSE.

Judgment Text
(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the e-mail/ order dated 09.08.2022 issued by the 2nd respondent and quash the same and further direct the 2nd respondent to permit the petitioner to appear in the Compartment Examination to be held in August 2022 for mathematics examination with subject code 041.)

1. This Writ Petition has been filed challenging the order dated 09.08.2022 calling upon the petitioner to write all the subjects once again, next year, since the petitioner is not eligible to apply for the Compartmental Examination for the subject "Mathematics".

2. The petitioner is a twelfth standard student and she has failed on three occasions in Mathematics paper. According to the petitioner, eventhough she is entitled to write the Compartmental Examination, which is scheduled to take place on 23.08.2022, the impugned order has been passed arbitrarily and by total non application of mind to the CBSE Examination by-laws.

3. The petitioner categorically contends in this Writ Petition that she is eligible to write the Mathematics examination. The petitioner has relied upon Rule 42 of the CBSE notification dated 01.02.2018, which has been issued pursuant to the recommendations of the Examination Committee at its meeting held on 07.12.2017, duly approved by the Governing Body at its meeting held on 15.12.2017. Rule 42 reads as follows:

"42. Compartment Examination for Secondary / Senior School Certificate Examination:

42 (i) (b) & (c), 42 (ii) (b), 42 (v)

(i) A candidate placed in compartment may reappear at the compartmental examination to be held in July/August same year and may avail himself/herself for the second chance in March/April next year and may further avail himself/herself for the third chance at the compartmental examinations to be held in July/August of that year.

(ii) A candidate who does not appear or fails at one or all the chances of compartment shall be treated to have failed in the examination and shall be required to reappear in all the subjects at the subsequent annual examination of the Board as per syllabi and courses laid down for the examination concerned in order to pass the examination.

(iii) Syllabi and Courses for the Compartmental candidates in March Examination shall be the same as applicable to the regular candidates of full subjects appearing in the March Examination,

(iv) For subjects involving Internal Assessment, in case the candidate has passed in Internal Assessment, he/she shall appear only in theory part and previous Internal Assessment marks will be carried forward.

(v) The candidate who is placed in Compartment in the Secondary school examination (Class-X) shall be admitted provisionally to class XI till he passes the first chance Compartmental Examination to be held in July/August of that year. His/her admission shall be cancelled if he/she fails to pass at the first chance Compartmental Examination."

4. The petitioner claims that having written the Compartmental Examination for Mathematics only twice, she is eligible to apply for the Compartmental Examination scheduled to take place on 23.08.2022.

5. Heard Mr.Krishna Prasad R, learned counsel for the petitioner and Mr.G.Nagarajan, learned Standing Counsel (CBSE) accepts notice on behalf of the first and second respondents. Since no adverse orders are going to be passed in this Writ Petition against the third respondent, notice to the third respondent is dispenses with.

6. A positive direction as sought for in this Writ Petition cannot be granted by this Court at this stage. It is for the respondents to consider the petitioner's representation seeking for issuance of hall-ticket to enable her to write the Compartmental Examination (Mathematics) on 23.08.2022, on merits and in accordance with law, after affording a personal hearing to the petitioner on 22.08.2022, prior to the scheduled date of examination. However, if the respondents accept the contention of the petitioner, she will have to pay the necessary examination fees for writing the examination.

7. No prejudice would be caused to the respondents if the petitioner's representation dated 01.08.2022 is considered on merits and in accordance with law, after affording a personal hearing to the petitioner.

8. For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's representation dated 01.08.2022, requestin

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g permission to write the Compartmental Examination (Mathematics) (Class XII), on merits and in accordance with law, on or before 22.08.2022, after affording personal hearing to the petitioner on 22.08.2022. The petitioner is directed to serve one more copy of the representation dated 01.08.2022, referred to supra, to the second respondent for immediate action. 9. With the aforesaid directions, this writ petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.