Shivani Thakur
Published on: May 4, 2022 at 17:26 IST
The Madras High Court held that there was no illegality in the State Government’s decision promoting students and awarding secondary school days marksheets, without awarding specific marks to each student, for the reason that the examinations could not be held due to Covid-19.
The Bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy was hearing a Writ Appeal filed by a XIth Standard student, pleading to declare the Government Orders as illegal and arbitrary and to strike off the same.
The Petitioner submitted that State of Tamil Nadu issues two Government Orders, it declared all the students to have qualified for the secondary school examination.
Through the Second Order, the Government informed its decision to issue a mark sheet declaring the students to have passed without awarding the marks.
The Petitioner submitted that this decision cause difficulty for him to get admission in Kerala. The Petitioner submitted that the Central Board of Secondary Education (CBSE) has similarly issued a mark list awarding marks to the students.
The Court was, however, not inclined to accept this contention. The Court held that the Central Board of Secondary Education is a different board and the State Government cannot be directed to change its policy decision on the basis of the Central Board of Secondary Education mandate.
The Court also held that marks can be awarded only when examinations are held to assess the performance of the student and cannot be awarded in the absence of examinations. Thus, the Court found no illegality in the decision of the State Government that would warrant interference.