SMRITI SHARMA THR. HER NATURAL GUARDIAN(FATHER) SH. DELIP SHARMA Vs. MANAGEMENT OF VIVEKANAND SCHOOL & ORS.

JUDGEMENT

(1.) PETITIONER is student of Vivekanand School and had appeared in class 11th examination which was held in March, 2009.

(2.) The petitioner had obtained (in mathematics) 2.5 marks out of 25 in Class Test No.2; 6 marks out of 25 in Class Test No.3; and 39 marks out of 100 in the annual examination. Similarly in the examination "business studies" she had obtained 3.5 marks out of 25 in Class Test No.2; 8 marks out of 25 in Class Test No.3; and 36.5 marks out of 90 in the annual examination. The school did not promote the petitioner but was asked to appear in the compartment examination for mathematics and business studies. Unfortunately in the compartment examination, petitioner did not secure 33% i.e. passing marks and secured only 23.63% marks in both the subjects - mathematics and business studies - respectively.

(3.) COUNSEL for petitioner relies upon instructions regarding assessment, evaluation and promotion of students from one class to another (class 1 to 9 and 11) and submits that school is entitled to conduct three tests in all for the purposes of promotion of the children from one class to another and the weightage to be given in the first test is 10%, in the second test 15% and in the comprehensive test 75% as per rule 6 of Promotion Rules. She further submits that as per rule 29 in order to be declared "passed" at the end of the session a student must secure at least 33% marks in each of the subjects studied by him/her during the session, subject to condition that he/she must secure 33% marks separately in theory and practical. Rules 6 and 29 is reproduced below: