Heard Shri Sachin Upadhyay, learned counsel for the petitioners and Shri Raghvendra Singh, learned Advocate General assisted by Shri Abhishek Singh, learned counsel appearing for the respondent No.3 and the learned standing counsel for the respondents No.1 and 2.
The petitioners has filed a supplementary affidavit, which is taken on record.
By means of the instant petition, the petitioners have assailed the impugned Government Order dated 17.08.2021, a copy of which has been annexed as Annexure No.2 with the writ petition.
The grievance of the petitioners is, that on account of difficulties faced by the Educational Institutions on account of COVID-19 Pandemic, a policy decision was taken by the State Government that all students of High School shall stands promoted. In this regard, a comprehensive Government Order dated 20.06.2021 was issued which also provided a particular formula in terms whereof the marks of the respective students would be computed while issuing the mark-sheet.
The submission of the learned counsel for the petitioners is that some of the students from various institutions have received a mark-sheet wherein such students have not been granted any marks at all and they have been promoted. It is submitted that there are certain other students, who have been granted mark-sheets with marks they have secured in the examination based on the formula as mentioned in the Government Order dated 20.06.2021. This creates a disparity insofar as the students, who have received mark-sheet with no marks and promoted and in respect of those students, who have been promoted with mark as mentioned in the respective mark-sheet.
It is further submitted that those students, who have not been awarded marks yet promoted will face lot of difficulties in respect of future prospects as well as considering the fact that they would not be entitled to seek any employment with certain organization whether private or Government where certain prescriptions are provided for having secured a minimum number of marks in Class-X and such students would be deprived of applying for such jobs as they have been given mark-sheet without any marks.
It has been submitted by the learned counsel for the petitioners that in terms of the order dated 17.08.2021, the Government as a matter of policy is holding an examination in respect of the students, who would like to get their marks improved by taking the aforesaid examination. The order dated 17.08.2021 is also assailed on the ground that where the students who have not been awarded any marks at all, they are not in a position to know how many marks they have secured then how will they decide whether to seek improvement on their marks. Thus, the policy decision as contained in the order dated 17.08.2021 is arbitrary and is liable to be set aside.
Shri Raghvendra Singh, learned Advocate General appearing for the respondent no.3 has submitted that there are certain preliminary defects which goes to the root of the matter inasmuch as the petitioner No.2, who claims himself to be the President of Swavitt Poshit Vidyalaya Prabandhak Association has filed the instant writ petition without disclosing the necessary particulars and credentials. He has submitted that there is no resolution of the petitioner no.1-Association authorizing petitioner No.2 to file the instant petition. Moreover, the petitioners claim to act as an umbrella association for various schools and institutions, however, there is nothing on record to indicate that the alleged schools for whom the petitioners-association is espousing the cause are members of the petitioners-association and moreover there is no resolution authorizing the petitioner to institute the petition at the behest of institutions nor there is any clarity which institutions have authorized the petitioners as there is no Vakalatnama or authority letter on behalf of such Institutions.
It has further been pointed out that the respondents have not been properly arrayed and most importantly without assailing the Government Order dated 20.06.2021, the instant petition assailing merely the consequential order dated 17.08.2021 is not maintainable as the entire scheme and decision is in pursuance of the Government Order dated 20.06.2021 and even the Government Order dated 17.08.2021 refers to the Government Order dated 20.06.2021 yet it has not been assailed, hence, the petition is not maintainable on the above score.
Learned Advocate General, however, has pointed out that as far as the grievance raised by the petitioners is concerned, the same is also misplaced for the simple reason that in terms of the Government Order dated 17.08.2021, all the students have been granted liberty to appear in the examination which is to be held between 18 September 2021 to 6 October 2021 for improving their marks and that too without payment of any fee.
It is submitted that the Government was conscious of the fact in the year 2020 when COVID-19 Pandemic had started, there could be certain institutions who by then would have completed their annual examination and certain others may not have. Therefore, keeping in mind such circumstances, the Government Order dated 20.06.2021 provided for a formula as devised which was taken as the base for calculating the marks of respective students so that they could be granted their mark-sheets. Insofar as those students who belong to such institutions where the annual examinations could not be held, though they have been promoted, yet they have been given chance to appear in forthcoming examination and they can participate in the examination and get their marks, however, in this way their promotion would not be affected and their mark-sheets will reflect the marks and it will not have any adverse impact on their career in future too. The order dated 17.08.2021 further provides that the examination can be taken by all the students irrespective of the fact whether they want an improvement in one subject or more than one or in all the subjects for which they were eligible to take examination as provided in the original order dated 20.06.2021. Thus, it is stated that in this view of the matter, neither the grievance of the petitioners subsists nor the petition itself which is not maintainable.
The Court has considered the rival submissions of the parties and taking note of the submissions of the learned Advocate General, this Court finds that the objections regarding the locus and authority of the petitioners to file the petition is in doubt as the learned counsel for the petitioners could dispute the fact that he has not filed any resolution either of the petitioner no.1 Society authorizing the petitioner no.2 to file the petition nor any authority letter or Vakalatnama of any of the Institutions to file the petition especially when there is no material to indicate that the alleged Institutions whose letters have been filed with supplementary affidavit are actually members of the petitioner no.1 Association. Hence, this Court upholds the objection of the learned Advocate General regarding the locus of the petitioners to maintain the petition in absence of valid resolution. Moreover, the learned counsel for the petitioners also could not give any cogent reply as to how the petition is maintainable only to assail the consequential Government Order dated 17.08.2021 without challenging the primary Government Order dated 20.06.2021.
Further as urged by the learned Advocate General and also evident from the Government Order dated 17.08.2021 that all students who wish to get their marks improved are entitled to appear in the exams for which they can submit their forms in their respective institutions who have been given time uptill midnight of 29.08.2021 to upload such forms and this has also been widely publicised in news papers, twice. Moreover, it is to be noticed that none of the students have come forward to allege any prejudice or discrimination.
Thus, considering the aforesaid and the material on record, this Court is not inclined to interfere and the petition being misconceived for all the aforesaid reasons is dismissed. However, in the facts and circumstances, there shall be no order as to cost.
Order Date :- 27.8.2021 Rakesh/-