Shantanu Taya & ORS v. The Chairman Board Of School Education Haryana & ORS
[ 1 ]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of decision:11.05.2016 Shantanu Taya and another
...Petitioners
Versus
The Chairman, Board of School Education, Haryana, Bhiwani and others
...Respondents
CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain
Present:
Mr. Madan Pal, Advocate, for the petitioners.
Mr. D.K.Khanna, Advocate, for respondent Nos.1 and 2.
Mr. Mohinder Singh, Advocate, for respondent No.3.
Rakesh Kumar Jain, J.
Petitioner No.1 (hereinafter referred to as the "petitioner") passed his matriculation in September 2013 from the Central Board of School Education and got 10.0 CGPA. He appeared in the 10+2 examination in the year 2014-2015 conducted by the Board of School Education, Haryana, Bhiwani (hereinafter referred to as the "Board") under Roll No.3214630649 and secured 422 marks out of 500. His result was declared on 06.05.2015 but on re-evaluation of 3 subjects, i.e. Physics, Chemistry and Computer Science, his marks were increased from 422 to
428. The petitioner came to know that he has been awarded 40 marks in the practical of Computer Science subject but only 20 marks were added in his
[ 2 ] Detailed Marks Sheet (DMC) in that subject. Father of the petitioner immediately filed representation on 20.05.2015 to respondent No.3-school pointing out the aforesaid mistake, which was admitted by the school, having been committed due to inadvertence at the time of uploading the marks and informed the Board vide its letter dated 26.06.2015 and also sent the list showing score of the petitioner in the practical examination of Computer Science subject. Thereafter, despite various representations, the marks of the petitioners were not corrected and hence, the present petition has been filed for seeking a mandamus in this regard.
Counsel for the petitioner has submitted that the Continuous and Comprehensive Evaluation (CCE) and Practical Examination of Secondary/Senior Secondary Examination of all regular students in Haryana is conducted at the school level. The schools hold the practical examination at their own level by appointing an examiner and after conducting the practical examination, the marks awarded to each student is sent to the Board by uploading it on the website of the Board. He has referred to Clause 61 of the Rules and Regulations of the Board, dealing with the rectification of results, which reads as under:- "61.
RECTIFICATION OF RESULTS:
(A) The Chairman shall have the power to quash the result of a candidate after it has been declared, if (i) he/she is disqualified for using unfair means in the Examination; or (ii) a mistake is found in his/her result; or (iii) he/she is found ineligible to appear in the examination; or (iv) he/she is a person against whom action under regulation 45 i.e. Cancellation of Admission could have been taken, had the facts come to the notice of
[ 3 ] the Board earlier.
Note:
(A) Before cancellation of the result or making any change in the result already declared, the candidate would be given the opportunity to explain his position against the proposed action of the Board.
(B) The Deputy Secretary (Exam.) shall have the power to rectify all mistakes in the results except from Qualified to Needs Proficiency Enhancement (N.P.E.) Partial Achievement/cancelled for which the approval of the Secretary will be necessary."
It is submitted that since it is a matter of mistake by the school authorities who have admitted the same and sent the information to the Board for incorporating corrected marks of the petitioner in the concerned subject, the mistake could easily be rectified by the Chairman of the Board in terms of Regulation 61-A(ii), referred to above. Counsel for the Board has submitted that at the time of examination of 2nd Semester in 2015, s public notice was issued by the Board informing all concerned that the marks for continuous and comprehensive evaluation and practical subjects may be uploaded taking due care and no amendment would be allowed afterwards.
It is also submitted that the school has initially informed the Board that the petitioner has secured 20 marks in practical of the Computer Science subject and now the Board has been informed that it was inadvertently uploaded on the website of the Board, otherwise the petitioner has secured 40 marks but the school has not submitted any record to support it.
[ 4 ] allocation of marks before declaration of the result i.e. 06.05.2015 but nothing has been done by them, therefore, the marks, as prayed by the petitioner, cannot be corrected.
I have heard learned counsel for the parties and examined the available record with their able assistance.
No doubt that the Continuous and Comprehensive Evaluation (CCE) and Practical Examination of Secondary/Senior Secondary Examination of all regular students in Haryana is conducted by the respective schools at their own level by appointing an Examiner and the marks awarded to each student are sent to the Board by uploading the same on the website of the Board. It is also not disputed that in case of any mistake in the result, it can be corrected by the Chairman of the Board. The only issue raised by the respondents is that though the school has admitted its mistake and has alleged that the petitioner has secured 40 marks instead of 20 and due to inadvertence, 20 marks have been uploaded in the account of the petitioner against the subject of Computer Science (Practical) instead of 40, no evidence has been led by the school in this regard.
The respondent-Board has not shown its averseness to make correction in the Detailed Marks Sheet of the petitioner by changing his score from 20 to 40 in the subject of Computer Science (Practical) but they are only asking for the evidence in this regard, which is to be supplied by the school authorities. Thus, keeping in view the facts and circumstances available on record, I am of the considered opinion that respondent No.
[ 5 ] Computer Science (Practical) instead of 20 which were allegedly inadvertently uploaded by respondent No.3-school, correct the Detailed Marks Sheet of the petitioner after having been satisfied with the evidence tendered by the school within 15 days thereafter. May 11, 2016 (Rakesh Kumar Jain) vinod* Judge