1 / 4 2025:CGHC:12296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 785 of 2025 1 Daksha Yadav (Minor) D/o Shashikant Yadav Aged About 17 Years Minor, Represented Through Her Legal Guardian And Father Shri Shashikant Yadav S/o Lt. Ramesh Kumar Yadav, Aged About 51 Years, R/o Shikaripara-Balod, Ward No. 18, Panitanki Ke Pass, Tehsil-Balod, District Balod (C.G.) - (Class 12th) 2 Aditi Sahu (Minor) D/o Shambhoo Sahu Aged About 16 Years Minor, Represented Through Legal Guardian And Father Shri Shambhoo Sahu S/o Banshilal Sahu, Aged About 47 Years, R/o Bhelwapadar, District- Kondagaon (C.G.) - (Class 10th) ... Petitioner(s) versus 1 State Of Chhattisgarh Through Its Secretary, Department Of School Education, Atal Nagar, Naya Raipur (C.G.) 492002 2 The Joint Director Education, Division Durg, (C.G.) 491001 3 Director Directorate Of Public Instruction Raipur, Indravati Bhawan, Block-3, Atal Nagar, Naya Raipur (C.G.) 492002 4 The District Education Officer Balod, District Balod, (C.G.) 491226 5 Secretary Chhattisgarh Board Of Secondary Education, Pension JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.03.12 16:41:25 +0530 2 / 4 Bada, Raipur, District-Raipur (C.G.) 6 The District Education Officer Kondagaon, District Kondagaon, (C.G.) 494226 ... Respondent(s) For Petitioner : Shri Prakant Sethi, Advocate For Respondents/ State : Shri Ritesh Giri, P.L. For Respondent No. 5 : Shri Alok Bakshi, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 12/03/2025 1. By the present writ petition, the petitioners are aggrieved by the order of rejection of the proposal by respondents No. 5/ Secretary, C.G. Board of Secondary Education which was sent by Directorate of Public Instruction for adding bonus marks in the mark-sheets of the petitioners. 2. Learned counsel for the petitioners submit that the petitioners are students of class 12th and 10th respectively and had earlier preferred writ petitions before this Court bearing WPC Nos. 2982 of 2024 and 3017 of 2024 by which the petitioners have raised their grievance that 10 bonus marks were not added in the final result of the petitioners. He further submits that the said writ petitions were disposed off by permitting the petitioners to prefer a fresh representation before the respondents No. 3 & 4 and respondents No. 3 & 4 were directed to consider the grievance of the petitioners for awarding of bonus marks in the light of circular dated 02.02.2024 (Annexure P-2). He further submits that on the 3 / 4 basis of the order of this Court, in the earlier writ petitions, the petitioners submitted a representation before respondents No. 3 & 4 on 04.09.2024. Subsequently, on 29.11.2024 the office of DPI issued a communication to the Secretary, C.G. Board of Secondary Education/ Respondent No. 5 proposing addition of bonus marks in the final results of the petitioners. However, the said proposal has been rejected by impugned communication dated 17.01.2025 and the Board has refused to add the same in the final results of the present petitioners. He further submits that the impugned communication/ decision dated 17.01.2025 of respondent No. 5 is illegal and arbitrary and the students will suffer for the same without there being any fault on their part. 3. Learned counsel for respondent No. 5/ Secretary, C.G. Board of Secondary Education submits that the board has taken a decision for rejection of the aforesiad proposal in the meeting dated 27.12.2024. He further submits that the Board has observed that earlier in the similar situation when the proposal were sent subsequent to the cut off date, the same was rejected and in the present case also the cut off date was 25.03.2024 and the proposal was sent by respondent No. 3 & 4 subsequent to the cut off date i.e. on 29.11.2024, hence the proposal sent by respondents No. 3 & 4 has been rejected rightly. 4. I have heard learned counsel for the parties and perused the pleadings of the petitioners and the respondents. 5. Perusal of the pleadings shows that the rejection of proposal dated 29.11.2024 not to include the bonus marks of 10 in the final 4 / 4 result of the petitioners as proposed by respondents No. 3 & 4. was taken in the meeting dated 27.12.2024. The stand taken by the respondent No. 5, that the proposal sent by respondents No. 3 & 4 is after cut off date and for which the bonus marks cannot be awarded and cannot be added in the final result of the petitioners is not appropriate, at this stage, because there is no fault on the part of the students. Only because of delay caused by respondents No. 3 & 4 the students shall not suffer. Further, once the respondents No. 3 & 4 issued a proposal for addition of bonus marks pursuance of order of this court in case bearing WPC No. 2982 of 2024 & 3017 of 2024, the respondent No. 5 is duty bound to accept the proposal sent by State i.e. respondents No. 3 & 4 which was a decision pursuance of the order of this Court in WPC No. 2982 of 2024 & 3017 of 2024. Hence, considering the fact that the petitioners are students of class 12th and 10th respectively and there is no fault on their part, respondent No. 5 is directed to accept the proposal sent by respondent 3 vide communication dated 29.11.2024 and take necessary steps for addition of 10 marks bonus in the final result of the present petitioners within 30 days from today. 6. With the aforesaid observation, the writ petition is disposed off. It is made clear that the order passed in this case would not be a precedent in other cases. Sd/- (BIBHU DATTA GURU) JUDGE Jyoti