UNNATI GOYAL Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking inter alia the following reliefs:

(2.) The petitioner is a student of Class XII at the Delhi Public School, Vasant Kunj and she appeared for Board examination for the academic year 2021-22. The petitioner is seeking the abovementioned reliefs on the ground that despite appearing she was unable to attempt/complete her examinations for the subjects of Physics and Mathematics due to her serious illness of Uveitis, which caused her vision to blur in the middle of the examination. The petitioner seeks relief under a Scheme of the Respondent no. 1/CBSE dtd. 22/7/2022 as well as the webinar conducted by the Respondent no. 1, whereby it was stipulated that results will be prepared based on the performance of Term I examinations for students who suffered from Covid/ were participating in international/national sports events and those who were seriously ill requiring long hospitalisation, who have communicated to the CBSE through proper channel on time. She prays for quashing of the impugned order dtd. 9/9/2022 bearing no. CBSE/LEGAL-HQ/77/2022/578, whereby her representation was considered, pursuant to the order of this Court in W.P. (C) 12730/2022 directing the Respondent no. 1 to afford her an opportunity of hearing and pass a speaking order, and rejected. The petitioner is aggrieved by the said rejection order.

(3.) Learned counsel appearing on behalf of the petitioner submitted that the petitioner had made an application/representation with the Respondent no. 1 requesting it to award marks of Term I and Term II examinations in the subjects of Mathematics and Physics on pro rata basis in accordance with the Scheme, since, she was unable to attempt/complete the said papers due to the sudden onset of Uveitis causing her vision to be severely blurred in the middle of the examination. It is submitted that the problem of blindness or loss of vision was caused to the petitioner only during her two examinations, however, the problem has been subsisting for a long time. Other than the said two examinations, the petitioner appeared for and scored well in all.