R.Babu vs The Controller Of Examiner
2022 Latest Caselaw 4038 Mad

                                                                         W.A.No.400 of 2022



                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:     02.03.2022

                                                     CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                          AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                                W.A.No.400 of 2022

                     R.Babu,
                     representing on behalf of his
                     minor daughter B.Hemasri.                          .. Appellant


                                                     Vs


                     1.The Controller of Examiner,
                       Central Board of Secondary Education (Regional Office),
                       No.3, Old No.1630A J Block,
                       16th Main Road, Anna Nagar,
                       (Near Thirumangalam Signal)
                       Behind Sridevi Hospital,
                       Chennai-40.

                     2.The Vice Principal,
                       Kendriya Vidyalaya, AFS, Avadi,
                       Chennai-55.                                      .. Respondents


                     Writ Appeal filed under Clause 15 of the Letters Patent, against the
                     order dated 21.09.2021 in W.P.No.20098 of 2021.


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                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                  W.A.No.400 of 2022




                                      For the Appellant         : Mr.B.Janarthkumar


                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The appellant herein has filed the writ petition for issuance of a

direction on the respondents to clarify the marking scheme that

resulted in awarding of low marks to the appellant's daughter.

2. The writ court dismissed the writ petition finding no merit

and otherwise we find the ultimate grievance of the appellant is with

regard to award of low marks to his daughter.

3. The facts narrated by learned counsel for the appellant show

that his daughter could not take certain examinations due to blockage

of the ID, resulting in award of lower grade. A challenge to the

blockage of ID with a prayer to permit her to take examination to get

her grade upgraded is not made. The prayer in the writ petition was

to clarify the marking scheme that resulted in awarding of low marks.

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https://www.mhc.tn.gov.in/judis W.A.No.400 of 2022

4. The prayer aforesaid was made without realizing that it was

the appellant's daughter who has not taken all the examinations,

which resulted in her securing lower grade. If the appellant's

daughter was deliberately not permitted to appear in the

examinations, a challenge to it should have been made by seeking

permission to appear in the examination, but without appearing in the

examination, the appellant could not have prayed for award of higher

marks.

Looking to the aforesaid, we do not find any error in the

judgment of the learned Single Judge and, accordingly, finding no

merit in the appeal, the same is dismissed. No costs.

                                                                   (M.N.B., CJ)     (D.B.C., J.)
                                                                         02.03.2022
                     Index : Yes/No
                     sasi




                     ____________

https://www.mhc.tn.gov.in/judis W.A.No.400 of 2022

To:

1.The Controller of Examiner, Central Board of Secondary Education (Regional Office), No.3, Old No.1630A J Block, 16th Main Road, Anna Nagar, (Near Thirumangalam Signal) Behind Sridevi Hospital, Chennai-40.

2.The Vice Principal, Kendriya Vidyalaya, AFS, Avadi, Chennai-55.

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https://www.mhc.tn.gov.in/judis W.A.No.400 of 2022

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sasi)

W.A.No.400 of 2022

02.03.2022

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https://www.mhc.tn.gov.in/judis