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Judgment
Manoj Kumar Tiwari, J
Heard learned counsel for the parties through video conferencing.
During Academic Session 2020-2021, petitioner was studying in 10th standard in New Tehri International School, Painyula, Tehri Garhwal.
According to her, due to pandemic caused by COVID-19, Board Examinations were not held and marks were awarded as per performance of the
students in internal examination, including half-yearly & pre-board examinations.
Grievance of the petitioner is that in her result for 10th standard, she was awarded less marks in mathematics subject, while she was entitled to
much higher marks as per her score of marks in internal examinations held by School Authorities.
By means of this writ petition, petitioner has sought following reliefs:-
i) Issue a writ of mandamus directing the respondents to award appropriate marks to the petitioner as per the policy issued by the respondent no. 1 for
awarding the marks in board Examination keeping in mind threat of covid-19 world-wide pandemic.
ii) a writ of mandamus directing the respondent no. 3 i.e. school to produce the pre board examination copies as well as the copies of unit test on the
basis of which only 6 mark out of 50 marks have been awarded by the result committee and same was sent to the respondent no. 2 to prepare result
accordingly.
Mr. Shashank Upadhyaya, learned counsel appearing for respondent nos. 2 & 3 submitted that CBSE had directed all affiliated schools to constitute
a Result Committee and based on assessment made by the said Committee, marks were to be awarded to students of Xth and XIIth standard. He,
however, submits that if there is any discrepancy in awarding of marks to the petitioner, then the Competent Authority in CBSE will look into the
matter and take appropriate decision. He further submits that if petitioner makes a fresh representation, giving reference of her earlier representation,
then the Competent Authority shall take decision thereupon within six weeks.
In view of the submission made by learned counsel for CBSE, writ petition is disposed of with liberty to petitioner to make fresh representation to
respondent no. 2. If petitioner makes such representation within ten days from today, respondent no. 2 shall look into the matter and take appropriate
decision, in accordance with law, within six weeks from the date of production of such representation along with certified copy of this order.
Let certified copy of this order be supplied to learned counsel for the petitioner within 24 hours.