No reason to deprive student of fruit of her efforts, says HC

State Board directed to issue fresh mark sheet after re-exam

The Bombay High Court recently directed the Maharashtra State Board of Secondary and Higher Secondary Education (MSBSHSE) to issue mark sheet to a student for HSC exam in the Science stream given in February 2015 in her second attempt.

A Division Bench of Justices Akil Kureshi and S.J. Kathawalla was hearing a petition filed by a student whose request for providing a mark sheet with her improved marks under the class improvement scheme in HSC was rejected.

When the student received the mark sheet for her first attempt at the HSC exam in 2014, she was not satisfied with her result as she had scored around 60% (390 out of 650) marks.

The Board had formulated a scheme under which such students would get an attempt to improve their marks and depending upon the result of the second attempt, the student can choose to either retain the original mark sheet or return it and opt for a fresh mark sheet to be issued pursuant to the second attempt.

In the second attempt, for which the result was declared in July 2015, she secured 412 marks out of 650 marks (68.38%). She then applied for a fresh mark sheet with the new marks under a letter dated March 22, 2016, which was forwarded by the principal of her college to the divisional secretary of MSBSHSE.

When the Board did not respond to this, she filed this petition, seeking a court direction to MSBSHSE to accept her application and issue the mark sheet pursuant to the examination she undertook in February 2015.

The court said, “the student appeared second time and improved her performance in the examination permitted as per the scheme formulated by the State Board. There is no reason to deprive her of the fruits of her efforts.”

The Bench directed the Board to issue the petitioner’s mark sheet with the result of her second attempt at the examination in the HSC science stream. The order read, “If the student makes an application to the Board with a cost of ₹1000 and returns the previous mark sheet of the examination of February 2014 within two weeks from today, fresh mark sheet may be issued within four weeks from the date of receipt of copy of such application.”

Source: Read Full Article