Delhi High Court
Aryan Saini vs Mount Abu Public School And Ors on 30 May, 2023
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 30th May, 2023
+ W.P.(C) 6717/2023
ARYAN SAINI ..... Petitioner
Through: Mr. Kshitiz Mahipal with
Ms. Khairun Nisa and
Mr. Gaurav Gupta, Advocates.
(M): 9999994372
versus
MOUNT ABU PUBLIC SCHOOL AND ORS..... Respondents
Through: Mr. Santosh Kumar Tripathi,
Standing Counsel (Civil),
GNCTD with Mr. Utkarsh
Singh, Advocate for respondent
DOE/GNCTD.
(M): 9129829862
9818112250
Email: [email protected]
Ms. Manisha Singh, Advocate
for respondent no. 2 and
3/CBSE.
(M): 9811941496
Email: [email protected]
Mr. Kamal Gupta with
Mr. Sparsh Aggarwal and
Ms. Paridhi Bist, Advocates for
respondent/school.
(M): 9810988094
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
[Physical Hearing/ Hybrid Hearing]
MINI PUSHKARNA, J. (ORAL):
1. The present writ petition has been filed with prayer for directions to respondent no. 1 to submit the marks and attendance of Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL W.P.(C) 6717/2023 Page 1 of 3 Signing Date:06.06.2023 19:35:43 the internal English practical examination of Class 12th board exams 2023.
2. In the marksheet of Class 12th board examination, the petitioner is shown as absent in the internal English practical examination. Thus, by way of the present writ petition, there is a prayer for correction in the marksheet of result of Class 12th board exam 2023.
3. Pursuant to notice issued on the last date of hearing, Ms. Manisha Singh, Advocate for Central Board of Secondary Education (CBSE) appears today. She submits that in the present case the school had earlier not forwarded the practical examination marks of the petitioner for various other subjects. Subsequently, the practical result marks of other subjects were sent, however, the marks of the English practical were still not sent by the school even in the second round. Thus, she submits that as far as the CBSE is concerned, the CBSE has issued the marksheet in terms of the information as provided by the school for the internal examinations.
4. Mr. Kamal Gupta, Advocate appearing for the school submits that there was inadvertence as far as the school authorities are concerned and that the school will make an endeavour to ensure that such mistake is not committed in future.
5. Considering the fact that the marks of English practical have not been added to the final score of the petitioner and considering the fact that Class 12th examinations marks are considered important for future reference also, without going into the merits as to at which level and at whose level in the school the mistake has been committed, it is felt that in order to secure the interest of the child, the present writ petition Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL W.P.(C) 6717/2023 Page 2 of 3 Signing Date:06.06.2023 19:35:43 ought to be allowed.
6. In view thereof, directions are issued to the CBSE to immediately process the application/request as forwarded by the school for the purposes of updating the marks of the petitioner in English practical examination in the final marksheet for Class 12th standard. The said exercise be done by the CBSE expeditiously, within a period of two weeks from today.
7. The school is directed to forward a formal application within a period of two days to the CBSE for correction of marks of the petitioner. Upon receipt of the application, the CBSE is directed to immediately process the application given on behalf of the respondent school and update the marks of the petitioner in the Class 12 th board examination within a period of three weeks after receipt of the said application from the school.
8. With the aforesaid directions, the present writ petition is disposed of.
MINI PUSHKARNA, J MAY 30, 2023 c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL W.P.(C) 6717/2023 Page 3 of 3 Signing Date:06.06.2023 19:35:43