Minor. B.M.Dharaneesh v. The Controller Of Examination
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2023 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH Minor B.M.Dharaneesh .. Petitioner vs 1.The Controller of Examination, Central Board of Secondary Education, "Shikshakendra" No.2, Community Centre, Preet Vihar, New Delhi.
2.The Principal, Kothagiri Public School, Kothagiri, The Nilgiris.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to consider the petitioner's representation dated 11.08.2021 and to rectify the marks in respect of two subjects i.e., Mathematics & Physics within time limit fixed by this Court. For Petitioner :
Mr.R.Babu For Respondents :
Mr.G.Nagarajan, CGSC for R1 No appearance for R2
ORDER
The petitioner prays for a mandamus directing the respondent to consider his representation dated 11.08.2021 and for rectification of marks in respect of mathematics and physics in 1/4
the examinations conducted by R2 school in the Secondary School Certificate Examination (Class XII) in 2021.
2. This Court wonders whether anything at all survives in this matter as on date seeing as two years has elapsed and the writ petition was filed since the petitioner wished to participate in the NEET examinations scheduled on 12.09.2021. However, learned counsel for petitioner, has no instructions as to what the petitioner is studying at the moment.
3.
Courts attention has been drawn to a circular issued by the Central Board of Secondary Education on 08.08.2021, wherein, it is stated that if a student is not satisfied with the marks awarded by the Result Committee, a representation may be made to the School for verification and reply be sent by the School to the student concerned.
4.
Thus, notice was issued to the Principal, Kothagiri Public School, Kothagiri, The Nilgiris. Notice has been duly served on them but there is no appearance. Hence, the best that can be done is to issue mandamus to R2 to consider representation of the petitioner dated 11.08.2021.
5.
No positive direction may be issued for rectification of marks as it is for the School to look into the representation, hear the petitioner and pass orders, in accordance with law and 2/4
prevailing Rules and Regulations. For this purpose, the petitioner may, accompanied by a copy of this order, appear before R2 / School at any time, within a period of two months from today for due compliance of this order.
5.
Writ petition stands closed in terms of this order. No costs.
22.11.2023 Index:Yes/No ssm To 1.The Controller of Examination, Central Board of Secondary Education, "Shikshakendra" No.2, Community Centre, Preet Vihar, New Delhi.
2.The Principal, Kothagiri Public School, Kothagiri, The Nilgiris.
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DR. ANITA SUMANTH,J.
ssm 22.11.2023 4/4