Specific Marks Can't Be Awarded To Students When Exams Not Conducted Due To Covid-19: Madras High Court Upholds State Board's Decision

The bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy was considering a writ appeal filed by a XI^th standard student against the order of the single judge and to declare the Government Orders as illegal and arbitrary and to strike off the same

The appellant/petitioner submitted that the State of Tamil Nadu had issued two Government Orders. Through the first order G.O.Ms.No. 48 dated 25.02.2021, it declared all the students to have qualified for the secondary school examination and that further course of action shall be determined subsequently. Through the second G.O, G.O (2D) No. 15 dated 26.07.2021, the government informed its decision to issue a mark sheet declaring the students to have passed without awarding the marks.

The single refused to entertain the challenge to these G.Os holding that the same is a policy decision of the Government to declare every candidate for having passed the secondary examination for the relevant year.

The petitioner submitted that the decision has caused difficulty for the appellant/petitioner to get admission in the State of Kerala where the school authorities are insisting for furnishing the mark sheet of secondary class so as to give admission to the writ appellant. 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 CBSE is a different board and the State Government cannot be directed to change its policy decision on the basis of the CBSE mandate.