W.P.No.4108 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.01.2026 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.4108 of 2022 V.Selvakumar ... Petitioner Vs 1.The Central Board of Secondary Education, Shiksha Kendra 2, Community Centre, Preetvihar, New Delhi – 110 092. 2.The Chairman, Indian School Nizwa, Affiliation No.6130 008, P.O.Box:598, P.C.611, Thymsa, Nizwa, Oman. 3.John Dominic George .A The Principal, Indian School Nizwa, Affiliation No.6130 008, P.O.Box:598, P.C.611, Thymsa, Nizwa, Oman. 4.The CBSE Regional Office Chennai, Plot No.1630 A, J Block, 15th Main Road, Anna Nagar West, Chennai – 600 040. ... Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.No.4108 of 2022 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue writ of mandamus, directing the respondents to consider the representation dated 10.08.2021 sent by the petitioner's daughter S.Sahana Selvakumar in “Type 2” dispute as per the CBSE Resolution dated 08.08.2021 in the light of the resolution and guidelines of the CBSE and award 6 marks i.e. 4 marks in English and 2 marks in Science and fix her ranking on the original marks obtained and upgrade her in Grade A1 instead of Grade A2 as per the guidelines and pass such further or other orders. For Petitioner : Mr.G.Saravanakumar For Respondents : Mr.T.Krishna Bhagavat for R1 & R4 Not ready in notice – for R2 and R3 ORDER This writ petition is filed with a prayer directing the respondent to consider the representation of the petitioner dated 10.08.2021. 2. The grievance of the petitioner in the representation is that when the marks were granted and modulated on account of COVID-19 pandemic, the petitioner's daughter unfortunately lost 6 marks i.e., 4 marks in English and 2 marks in Science and if that 6 marks is granted, her grade will be upgraded to Grade A1 instead of Grade A2. 3. When the matter came up for arguments, the learned Counsel for the petitioner seeks time to get instructions from her client and also to get instructions to the current situation. 2/6 https://www.mhc.tn.gov.in/judis W.P.No.4108 of 2022 4. It can be seen that the writ petition is filed in the year 2022 for Class – X. By now, the student would have completed Class-XII and will be in College. This apart, in the counter affidavit filed on behalf of the respondents 1 and 4, the tabular column given in paragraph no. 8 states as follows: “8. ..... A nutshell of the actions taken by the school in awarding marks to Ms.Sahana Selvakumar for various subjects are given below in a tabular format. Subject Originall y received marks (TH) by the candidat e in the school examinat ions (based on approved calculati ons) Marks awarded by the Result Committe e 10/06/202 2 (Uploade d to the CBSE site) Moderatio n given by the Result Committee on 10/06/2022 . (Uploaded to the CBSE site) Finally awarded marks after executing the CBSE instruction s on 95- 100 marks groups Moderation s applied for executing the CBSE instructions (95-100 marks bunching issue) Int. Marks (rounded up) English 74 76 +2 70 -4 20 Arabic 72 76 +4 75 +3 20 Mathematics 76 77 +1 76 0 20 Science 77 80 +3 75 -2 20 Social Science 78 78 0 78 0 20 Overall Moderations applied +10 -3 3/6 https://www.mhc.tn.gov.in/judis W.P.No.4108 of 2022 Thus from the above table, the school has moderated the Marks of the petitioner daughter as per the rules thereby scaling up/down marks to the petitioner daughter along with other 07 top-rank holder students of the school concerned.” 5. Thus, it can be seen that depending on the school average,, when moderations were applied, the student got 3 marks in Arabic. But, however, on account of the school average, had to lose 4 marks in English and 2 marks in science. The Authorities have calculated strictly as per the Rule. When the petitioner has accepted the moderation in respect of the subject Arabic, in respect of the subjects where the student is losing the marks alone, it cannot be complained of. Further. it is true that the student has written the examination meritoriously and she truly deserves that 4 marks in English and 2 marks in Science, but, when a calamity happens to humanity, on account of which, any person has to suffer disadvantages, the education should be put in the student’s mind that she should open heartedly embrace the disadvantage for the sake of the common good, which is also a part of the education. It is true that the parent considering the frame of mind of the student at that point of time had filed the writ petition. Now 3 years have passed by. Now, the student would be in college and therefore, nothing further remains to be adjudicated in this matter at this stage. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.4108 of 2022 6. In view thereof, the writ petition stands disposed of. No costs. 02.01.2026 veda Neutral Citation: Yes/No To 1.The Central Board of Secondary Education, Shiksha Kendra 2, Community Centre, Preetvihar, New Delhi – 110 092. 2.The CBSE Regional Office Chennai, Plot No.1630 A, J Block, 15th Main Road, Anna Nagar West, Chennai – 600 040 5/6 https://www.mhc.tn.gov.in/judis W.P.No.4108 of 2022 D.BHARATHA CHAKRAVARTHY, J. veda W.P.No.4108 of 2022 02.01.2026 6/6 https://www.mhc.tn.gov.in/judis