Guruprakash .K v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.26204 of 2023 K.Guruprakash ... Petitioner v.

1.The Director, Central Board of Secondary Education (Head Office), Shiksha Kendra, 2, Community Centre Preet Vihar, Delhi - 110 092.

2.The Regional Director, Regional Office, Central Board of Secondary Education, Old No.1630A, 6th Avenue, 3, 6th Street, Near Sri Devi Hospital, Bharathi Colony, Bharathi Nagar, Anna Nagar, Chennai - 600 040.

3.The Principal, Velammal Vidyalaya (CBSE), Penny Cuic Garden, MuthuThevan Patti, Theni - 625 531.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the second respondent to issue a Rank Certificate in all over Tamil Nadu to the petitioner in Senior School 1/5

Certificate Examination, 2023 conducted by the respondents 1 and 2 in a time bound manner.

For Petitioner : Mr.D.Senthil For Respondents : Mr.P.Karthickk for R1 and R2

ORDER

Heard both sides.

2.The writ petitioner successfully cleared the Senior School Certificate Examination held in 2023. The petitioner thereafter joined SSN College of Engineering, Chennai in B.E Computer Science and Engineering course under Management quota in general category. The petitioner is said to hail from an ordinary economic background. His father is an agriculturist. The petitioner wants the benefit of scholarship from his college. The college Management is said to grant such scholarships for those who have obtained meritorious ranking. The petitioner has scored 100 marks in 3 subjects and 98 marks in 2 subjects and 95 marks in one subject. The petitioner applied to the authorities for issuance of his rank certificate. The petitioner has scored first rank in the Vellammal Group of Schools. The petitioner tentatively estimates that he had secured sixth rank in the State. Since CBSC declined to issue any certificate as sought for, the present writ petition came to be filed. 2/5

3.When the matter was taken up for hearing, the learned standing counsel for the respondents produced a copy of the notification dated 30.11.2023 issued by the Controller of Examination. The said notification reads as follows:

"Notice CALCULATION OF PERCENTAGE OF CLASS X & XII The CBSE is receiving requests from various person to intimate the criteria for calculating the percentage of the students in the Board's examinations. In this regard, it is informed that the sub-section 40.1 (iii) of Chapter -7 of the Examination Bye-Laws stipulate that 'No overall division/distinction/aggregate shall be awarded'

Also, if a candidate has offered more than 5 subjects, the decision to determine the best 5 subjects may be taken by admitting institution or employer. Further, it is informed that the Board does not calculate/declare/inform percentage of marks. If the percentage of marks is required for higher education or in employment the calculation if any, may be done by admitting institution or employer".

In these circumstances, the petitioner has to persuade his College Management to accept his claim for scholarship. 3/5

4.This writ petition is disposed of with the aforesaid liberty. No costs. 01.12.2023 Index : Yes / No Internet : Yes/ No skm 4/5

G.R.SWAMINATHAN, J.

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