Calcutta High Court (Appellete Side)
Priyanshu Das vs The Union Of India & Ors on 9 September, 2022
2 09.9.2022 WPA 20765 OF 2022
Sc Ct. no.22 --------------
Priyanshu Das
Vs.
The Union of India & Ors.
Mr. Sabyasachi Chatterjee
Mr. Sandip Das
Mr. Sayan Banerjee
Mr. Badrul Karim
Ms. Priyanka Paul.
....For the Petitioner
Mr. U. S. Menon
Mr. Abhirup Chakraborty.
....For the Respondents/
CBSE
Leave is granted to file a supplementary affidavit to
the petitioner affirmed on September 9, 2022. Such
supplementary affidavit has already been served upon Mr.
Menon in Court.
Affidavit-of-service, filed in Court today, is taken on
record.
This writ petition has been filed assailing the Class
- XII Board result declared by the Central Board of
Secondary Education (for short "CBSE") on July 22,
2022 on the grounds mentioned in the writ petition.
The petitioner is a student who appeared in Class -
XII CBSE Board Examination for the academic
session 2021-22.
The respondent no.3 on July 5, 2021 came up with
a special Scheme of Assessment for Board
Examination, Class - X and Class - XII for the
session 2021-22 being Circular No.ACAD-51/21.
In the said circular, it was decided and conveyed
that the CBSE has decided to conduct 2022 Board
Examination in two terms i.e., Term-I and Term-II. The
said scheme, inter alia, provided for
assessment/examination as per different situations
wherein four different scenarios were detailed. The
consequent mode/manner and weightage of the Term-I
and Term-II examination were different. It was also
stated therein that in case the situation of the pandemic
improved and the students were able to come to schools
or centres for taking the exams, then the Board would
conduct Term-I and Term - II examination at
schools/centres and the theory marks would be
distributed equally, i.e. 50% - 50% ratio, between the two
exams for preparation of the results.
On 14th February, 2021, CBSE issued another
Circular bearing No.CBSE/CE Exam - 2021-22 notifying
that all examinations i.e. Term - I and Term - II would be
conducted in a off line mode. Term - I examination for
Class - XII was held in schools/centres in phased manner
from November 16, 2021 to December 30, 2021. On
March 19, 2022, the result of Term - I was declared.
CBSE on the same date issued a Circular bearing
No.CBSE/CE/2021, dated 19th March, 2022, at page 32
of the writ petition, regarding the performance of the
students of Class-XII in Term-I exams. The circular, inter
alia, stated that the weightage of Term - I and Term - II
would be decided at the time of declaration of Term - II
result and accordingly final performance would be
evaluated.
CBSE On April 5, 2022 CBSE from its
official/verified Twitter Handle (CBSE HQ/@
cbseindia29) declared a notification, purported to be
issued by the Board as fake. The said notification
declared being fake, inter alia, pertained to the weightage
of Term-I and Term-II Board exams in the final results
and mentioned that the result would be evaluated by
taking 30% from Term-I results and 70% from Term-II
exams.
The Term-II examination for Class-XII was held in
schools/centres in a phased manner from April 26, 2022
to June 15, 2022.
On July 22, 2022, the CBSE declared the results
for Class-XII Board Examination. This was followed by a
press release titled as "Declaration of Results of Class-
XII, 2022", wherein it was specified that the competent
committee of the Board had fixed 30% weightage of
Term - I and 70% weightage of Term-II in theory for
evaluation of result.
On July 23, 2022 another letter was issued by the
CBSE to the Principals of affiliated schools regarding the
30% weightage of Term - I and 70% weightage of
Term - II while computing the result.
The petitioner for admission, applied in the
engineering course at Vellore Institute of Technology
(for short 'VIT') and received a provisional admission
letter dated July 13, 2022, Annexure-P2 to the writ
petition.
According to the petitioner, he had also appeared in
the relevant examination conducted by CBSE for
admission but due to the changed weightage formula for
evaluation of the XIIth Board marks, he failed to meet the
criteria by minimum 60% and above score in Xth and
XIIth classes as required by VIT.
Mr. Sabyasachi Chatterjee, learned counsel
appearing for the petitioner submitted that by the said
modification of the rule of the game, which was earlier
fixed as 50% - 50% weightage formula and was
unilaterally changed to 30% - 70% weightage assigned to
weightage formula in respect of the marks secured in
Term-I and Term-II for evaluating the XIIth CBSE Board
Examination, the petitioner suffered career prejudice.
Learned counsel for the petitioner submitted that
this unilateral change of rule of the game was not
permissible in law and the same had affected the future
and fortune of the petitioner who appeared and
successfully qualified the XIIth CBSE exam. The learned
counsel pressed for an interim order to be passed in the
facts of this case stated above, at least to the effect that
the Board may issue a provisional certificate in favour of
the petitioner on the basis of its erstwhile prevailing
policy of 50% - 50% in Term - I and Term - II.
Mr. Chatterjee had relied upon a judgment
delivered by the Hon'ble Delhi High Court, In the matter
of :W.P.(C)11775/2022 & C.M. APPL. 35097/2022 :
Devasri Bali -vs.- Central Board of Secondary
Education & Anr. dated August 26, 2022. Relying
upon the said judgment, learned counsel submitted that
the Delhi High Court was pleased to partly allow the said
writ petition, directing the respondents therein to declare
the result of the petitioner in terms of the Circular dated
July 5, 2021 providing for the Special Scheme of
Assessment which mandates equal weightage to the
theory papers for Term - I and Term - II while computing
the result. Learned counsel further submitted that the
said judgment was appealed from by CBSE and the same
was upheld by the appellate court by its judgment dated
August 30, 2022 In the matter of : LPA 497/2022 &
CM APPL.37828/2022 : Central Board of Secondary
Education -vs.- Devasri Bali & Anr.
Mr. Chatterjee also submitted that the petitioner
made several representations before the concerned
Ministry and the Board, Annexure-P8 to the writ petition.
However no heed was paid thereto.
Mr. U. S. Menon, learned counsel represents the
respondent nos. 3 and 4. Learned counsel for the
appearing respondents submitted that this was a policy
decision on the basis of the opinion obtained from the
"Committee of Experts" taking into account the
pandemic situation. He submitted that the "Result
Committee" duly constituted by the CBSE had approved
the same on July 21, 2022. He submitted that the
petitioner was also aware of such approval at all material
times.
Mr. Menon further submitted that, for the relevant
year of XIIth CBSE Board Examination, there were around
16 lakh examinees who qualified XIIth Board and the
result was declared on July 22, 2022. He submitted that
the majority and bulk of the students who qualified the
relevant XIIth CBSE Board Examination had already
received admission in diverse courses through out the
country on the basis of the said changed process of
evaluation 30% - 70%.
Learned counsel appearing for the respondents
further submitted that there is no scope for passing any
interim order at this stage and he wished to file an
affidavit to bring on record everything which had led the
CBSE Board to change this evaluation policy.
Mr. Menon, learned counsel for the Board, on
instruction, submitted that a Special Leave Petition is in
the process of being filed before the Hon'ble Supreme
Court from the said Division Bench judgment of the
Hon'ble Delhi High Court.
The rest of the respondents are not represented.
After considering the rival contentions raised on
behalf of the appearing parties and on perusal of the
materials on record, it appears to this Court that the
Committee of Experts accorded its approval for the
change of such policy from 50% - 50% to 30% - 70% for
evaluation in the Class - XII CBSE Board exam for the
relevant year on May 21, 2022.
The Result Committee approved the said change of
evaluation method on July 21, 2022. The result was
declared on July 22, 2022. The writ petition was filed on
or about September 7, 2022. The Provisional
Admission Letter issued by VIT, Annexure-P2 to the writ
petition was dated July 13, 2022.
Prima facie, it shows that this is a delayed writ
petition. Delay defeats equity. As informed by the
learned counsel for the Board, there were about 16 lakh
students who qualified the relevant XIIth Board
Examination and their subsequent admissions at the
Graduation level had also taken place on the basis of the
said changed evaluation method.
On a scrutiny of the reliefs claimed by the writ
petitioner, it appears that specifically from prayer '(e)'
that an ad interim order was sought for in terms of the
mandamus, which were the main reliefs claimed.
Be that as it may, any interim order if it is passed
at this stage, inter alia, directing the CBSE Board to issue
a Provisional Certificate to the petitioner on the basis
of its previous evaluation method 50% - 50% formula
then the entire assessment and the evaluation method
that had taken place already had change. It would have a
substantial and tremendous impact on the evaluation of
about 16 lakh students who already had qualified the
said examination. Such an impact would also be there in
the subsequent admission for Graduation level. Further,
if such an interim order is passed, it would amount to
granting final relief to the writ petitioner, which is not
permissible in law.
The balance of convenience and/or inconvenience
principally at present goes against passing of any interim
order in the writ petition. There is no, prima facie, case
made out in the writ petition of such a nature that, it
warrants an immediate interim order to be passed to
protect the interest of the petitioner in the facts of this
case.
In view of the foregoing discussions and reasons,
this Court is of the considered view that, there is no scope
for passing any interim order. Affidavits are required to
be called for. The nature of writ petition is such that the
same cannot be decided without calling for any affidavit.
In the premises, the respondents are directed to file
their respective affidavits on or before September 30,
2022; reply, if any thereto, be filed by November 22, 2022.
It is needless to mention that the petitioner shall
serve a copy of the supplementary affidavit upon all the
respondents, who in turn shall deal with it in the
affidavit-in-opposition.
ACO The writ petition shall appear under the heading
"Hearing" in the Combined Monthly List of December,
2022.
(Aniruddha Roy, J.)
