RUTH RAPHEL Vs. PRINCIPAL, ST. PAULS PUBLIC SCHOOL

JUDGEMENT

(1.) The petitioner is a minor represented by her mother and natural guardian and she has approached this Court seeking directions to the Central Board of Secondary Education ('CBSE' for short), that her Internal Assessment marks be directed to be included in her Final Marklist.

(2.) The petitioner says that even though she had written the CBSE examinations well, when her Marklist was published, it was found that the internal assessment marks have not been included and consequently, that she has failed in many of the subjects. She, therefore, prays that the CBSE be directed to revise the Marklist and issue her a fresh one after including the Internal Assessment marks, which are available from Ext.P5 communication of the 1st respondent - School to the CBSE.

(3.) In response to the afore submissions of Shri.P.I.Georgekutty, learned counsel for the petitioner, the learned Standing Counsel for the CBSE, Shri.S.Nirmal, submitted that contrary to the afore allegations of the petitioner, she is not entitled to the Internal Assessment marks as mentioned in Ext.P5 communication of the School, since she had appeared in the final examinations as a private candidate; and that in such cases, the candidates are covered by Ext.R2(a) Circular of the CBSE, which provides that when a student appears for the examinations as a private candidate, he/she would be entitled only to the pro-rata marks obtained in the written examination as the Internal Assessment marks. Shri.S.Nirmal says that the petitioner has been granted such marks and therefore, prays that this writ petition be dismissed.