ANKIT ANURAG Vs. KENDRIYA VIDYALAYA SANGHATAN & OTHERS

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the petitioner has prayed, inter alia, to quash the decision of the Principal, Kendriya Vidyalaya-1, Bhubaneswar, opposite party no.3 in awarding '22' marks out of '80' in the subject of Economics in Class-XI. An ancillary prayer has been made for a direction to the opposite party no.2 to recalculate the marks and promote the petitioner to Class-XII.

(2.) Shorn of unnecessary details, the case of the petitioner is that he is a student of Class-XI in Kendriya Vidyalaya-1, Bhubaneswar. He appeared in the Annual Examination, 2017-18. He secured only '1' mark in Economics. He appeared in the Supplementary Examination. He secured '22' marks out of '80' in the said subject. He has done well in all the examinations from Class-I to X. He participated in the Dance Competition conducted by Kendriya Vidyalaya Sanghatan (in short 'KVS') in the Cluster Level, Regional Level and National Level. He has also participated in the Children's Jury for the Kallola short film contest on Child Rights, 2017. Certificates have been issued to him. If the marks in the unit tests are added, he will get 37%, but then he has been awarded 27.5%, which is less than the pass mark, i.e. 33%. The Code of Kendriya Vidyalaya permits grant of '4' marks in any subject. No grace mark has been given for his participation in the National Integration Camp, 2017 organized by KVS Sanghatan.

(3.) Counter affidavit has been filed by the opposite parties. The case of the opposite parties is that the promotion policy for Class-XI students is framed by the KVS (H.Q.), New Delhi. All the policy decisions in respect of Sanghatan are taken by its Board of Governors including promotion policy for Class-XI students. Kendriya Vidyalaya is affiliated to the Central Board of Secondary Education, New Delhi and follows the uniform system of syllabus and assessment throughout the country. The examination and pass criteria for Class-XI, as contained in Articles-105 and 106 of the Education Code comprise the following aspects for the Sessions, 2017-18. The same are as follows:-