Specific Marks Can't Be Awarded To Students When Exams Not Conducted Due To Covid-19: Madras High Court Upholds State Board's Decision

The Madras High Court recently held that there was no illegality in the state government's decision promoting students and awarding secondary school marksheets, without awarding specific marks to each student, for the reason that the examinations could not be held due to Covid-19.The court highlighted that the same is a policy decision and does not warrant any interference from the court. The bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy was considering a writ appeal filed by a XIth standard student against the order of the single judge and to declare the Government Orders as illegal and arbitrary and to strike off the same The appellant/petitioner submitted that the State of Tamil Nadu had issued two Government Orders. Through the first order G.O.Ms.No. 48 dated 25.02.2021, it declared all the students to have qualified for the secondary school examination and that further course of action shall be determined subsequently. Through the second G.O, G.O (2D) No. 15 dated 26.07.2021, the government informed its decision to issue a mark sheet declaring the students to have passed without awarding the marks. The single refused to entertain the challenge to these G.Os holding that the same is a policy decision of the Government to declare every candidate for having passed the secondary examination for the relevant year. The petitioner submitted that the decision has caused difficulty for the appellant/petitioner to get admission in the State of Kerala where the school authorities are insisting for furnishing the mark sheet of secondary class so as to give admission to the writ appellant. The petitioner submitted that the Central Board of Secondary Education (CBSE) has similarly issued a mark list awarding marks to the students.The Court was, however, not inclined to accept this contention. The court held that the CBSE is a different board and the State Government cannot be directed to change its policy decision on the basis of the CBSE mandate.The court also highlighted how other states have also not insisted the students appear for examinations during the Covid-19 pandemic and have issued mark sheets declaring the students to have passed without the award of marks. NakshatraThe court also held that marks can be awarded only when examinations are held to assess the performance of the student and cannot be awarded in the absence of examinations. Thus, the court found no illegality in the decision of the state government that would warrant interference.Case Title: Nakshatra Bind A.K v. State of Tamil Nadu and OthersCase No: W.A No. 955 of 2022Citation: 2022 LiveLaw (Mad) 195Counsel for Appellant/Petitioner: Mr. R. SelvakumarCounsel for Respondent: Mr. P. Muthukumar (State Government Pleader) assisted by Mr. K.M.D Muhilan (Government Advocate)Click here to read/download the judgment

Specific Marks Can't Be Awarded To Students When Exams Not Conducted Due To Covid-19: Madras High Court Upholds State Board's Decision

Upasana Sajeev

Tags