ROHIT P. RAMESH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who is stated to be a student of the Senior Secondary Course offered by the National Institute of Open Schooling (NIOS for short) has approached this Court impugning Ext.P3 notification, as per which, students have been allowed to be evaluated on the basis of their Tutor Mark Assignment (TMA) along with the practical marks, on account of the fact that in view of the COVID-19 pandemic restrictions, no examinations had been conducted.

(2.) According to the petitioner, the NIOS has now taken a stand that his TMA has not been submitted and therefore, that his academic evaluation cannot be done. The petitioner further says that even though the NIOS admits that they have not been able to conduct the examinations in time, he has been marked absent in various subjects including English, History, Pol.Science, Sociology and Data Entry Operation and thus prays that they be directed to issue him a fresh Mark List showing him as having cleared these subjects on the basis of his internal evaluation.

(3.) The learned Standing Counsel for the NIOS-Sri.T.K.Venugopal, submits that Ext.P3 notification has been, in fact, issued so as to benefit students like the petitioner, because it was felt that they should not be prejudiced merely because the conduct the examinations, on account of the COVID-19 pandemic, has been possible. He says that, as is clear from the said notification, all students, who has already submitted their TMA will be evaluated based on the same and then issued certificates showing to have either qualified or otherwise. He says that, therefore, the petitioner's challenge against Ext.P3 is not tenable; adding that the petitioner appears to be aggrieved only because his TMA has yet not been submitted though the last date for it was 31.01.2020; and consequently, that he has been shown as 'absent'. He then submitted that if the petitioner is so inclined, the NIOS is willing to allow him to present his TMA before 30.10.2020 and that he can also take part in the examinations that they intend to conduct in October, 2020, which, however, he says will be subject to the COVID-19 pandemic restrictions.