Court No. - 32
Case :- WRIT - C No. - 27912 of 2021 Petitioner :- Updesh Yadav Respondent :- Secondary Education Department Uttar Pradesh And Another Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Updesh Yadav, petitioner in person and Mr. Neeraj Tripathi, learned Additional Advocate General assisted by Mr. Shashank Shekhar Singh, learned Additional Chief Standing Counsel for the State-respondents.
This writ petition has been filed by the petitioner with a prayer to direct respondent no.2 i.e. the Secretary, Madhyamik Shiksha Parishad, U.P. at Prayagraj to correct marks awarded to the petitioner in Class-XII examinations conducted by the Madhyamik Shiksha Parishad, U.P. at Prayagraj in accordance with the policy framed by the Madhyamik Shiksha Parishad.
On 22nd November, 2021, following order was passed:
"On the matter being taken up, Mr. Updesh Yadav i.e. petitioner has appeared in person. He submits that as per the policy framed by the State Government qua calculation of marks of Class XII examination, the marks had to be calculated, according to the criteria, as mentioned at page-8 of the paper book, which are as follows:
(i) 50% marks of Class-X examination;
(ii) 40% marks of Class-XI examination; and
(iii) 10% marks of Pre-Board Examination of Class-XII.
Petitioner further submits that as per the calculations made by the petitioner himself on the basis of the aforesaid Policy of the State Government, he had to be awarded total 383.1 marks, but the mark-sheet of the petitioner shows that he has been awarded total only 317 marks. He, therefore, submits that a direction be issued to the respondents to correct the mark-sheet of the petitioner of Class-XII examination.
Learned Standing Counsel prays for and is granted time upto 6th December, 2021 to obtain instruction in the matter.
Put up this case on 6th December, 2021 as fresh. "
Pursuant to the above order dated 22nd November, 2021, a short counter affidavit has been filed on behalf of the State-respondents.
Mr. Neeraj Tripathi, learned Additional Advocate General assisted by Mr. Shashank Shekhar Singh, learned Additional Chief Standing Counsel for the State-respondents has appeared before the Court and explained policy of the Madhyamik Shiksha Board, which has been enclosed as Annexure-S.C.A.-5 to the short counter affidavit, according to which in Class-XII examination conducted by the Madhyamik Shiksha Board, the marks have to be awarded. He submits that as per the said policy, (i) 50% of total marks obtained in Class-X examination, (ii) 40% marks of individual subject of Class-XI examination, and (iii) 10% marks of individual subject of Pre-Board examination of Class-XII, have to be taken into consideration and totaling the aforesaid after applying the moderation policy marks are to be calculated.
From perusal of the chart appended at page-85 of the Short Counter Affidavit, this Court finds that the calculation of marks awarded to the petitioner in Class-XII examination has been done in accordance with the said policy. The same has also been explained by this Court as well as by the learned Additional Advocate General in the Court today to the petitioner, who has appeared in person. After understanding the same, petitioner is fully satisfied with the marks awarded to him in Class-XII examination and he has no grievance with respect to the prayer made in the present writ petition.
With the consent of the parties, since nothing remains in the present writ petition, the same stands disposed of.
(Manju Rani Chauhan, J.) Order Date :- 20.12.2021 Sushil/-