Student gets HC nod to sit for three retests
Sureshkumar.K@timesgroup.com
Chennai: 21.05.2018
In a rare gesture, Madras high court has permitted a Class XI girl of a city-based CBSE school to take re-examination in three subjects in the recently concluded public examination, in which she failed due to ill-health.
However, the court has made it clear that the re-examination is allowed only to clear transfer certificate and that she cannot insist to continue in the same school since similarly placed other students who were already issued transfer certificates could not be prejudiced.
Justice S Vaidyanathan passed the order on a plea moved by P Sharon Nivedita of Padma Seshadri Bala Bhavan Senior Secondary School at K K Nagar. She had failed to clear physics, chemistry and mathematics in the 2017-18 batch of public examination for Class XI.
Citing ill-health for her inability to clear the subjects, the petitioner wanted the court to direct the school to allow her to take reexamination of all the three subjects and permit her to pursue Class XII in the same school during 2018-2019.
Pointing out that in many instances, the CBSE has allowed students to take re-test in two subjects, the petitioner wanted the court to permit her to take retest in three subjects as a special case.
When the plea came up for hearing, counsel for the school submitted that even though the school has erred in permitting students who have failed in two subjects, to take up re-examination, the petitioner will not have any right to appear in three subjects, as CBSE Regulations does not permit it. Even in case the petitioner clears all the three subjects in the re-examination, she shall not insist the school management that she will continue in the same school, as students who have already taken transfer certificate with the remarks ‘Detained’ could not be prejudiced and it would amount to discrimination, the school added.
As the petitioner agreed to the condition, the court directed the school to permit her to sit for the examinations and, in case she clears, provide a transfer certificate to enable her to join Class XII in some other school.
Sureshkumar.K@timesgroup.com
Chennai: 21.05.2018
In a rare gesture, Madras high court has permitted a Class XI girl of a city-based CBSE school to take re-examination in three subjects in the recently concluded public examination, in which she failed due to ill-health.
However, the court has made it clear that the re-examination is allowed only to clear transfer certificate and that she cannot insist to continue in the same school since similarly placed other students who were already issued transfer certificates could not be prejudiced.
Justice S Vaidyanathan passed the order on a plea moved by P Sharon Nivedita of Padma Seshadri Bala Bhavan Senior Secondary School at K K Nagar. She had failed to clear physics, chemistry and mathematics in the 2017-18 batch of public examination for Class XI.
Citing ill-health for her inability to clear the subjects, the petitioner wanted the court to direct the school to allow her to take reexamination of all the three subjects and permit her to pursue Class XII in the same school during 2018-2019.
Pointing out that in many instances, the CBSE has allowed students to take re-test in two subjects, the petitioner wanted the court to permit her to take retest in three subjects as a special case.
When the plea came up for hearing, counsel for the school submitted that even though the school has erred in permitting students who have failed in two subjects, to take up re-examination, the petitioner will not have any right to appear in three subjects, as CBSE Regulations does not permit it. Even in case the petitioner clears all the three subjects in the re-examination, she shall not insist the school management that she will continue in the same school, as students who have already taken transfer certificate with the remarks ‘Detained’ could not be prejudiced and it would amount to discrimination, the school added.
As the petitioner agreed to the condition, the court directed the school to permit her to sit for the examinations and, in case she clears, provide a transfer certificate to enable her to join Class XII in some other school.
No comments:
Post a Comment