Harish Tandon, J. - (1.) THE petitioner is a student of class -X in respondent No. 1 School and has assailed the action of the respondents in refusing the petitioner to fill up the form for the Madhyamik Parikha, 2012 and to appear therein.
(2.) THE brief facts are that the petitioner is permitted to class -X and secured more than passing marks expect in Mathematics subject in all the unit tests. It is stated that if the marks obtained by the petitioner in Mathematics subject in first unit test, pre test and the test examination is taken, then the petitioner would get the aggregate 24% marks in the said subject. The West Bengal Board of Secondary Education (Examination) Regulation 2001 does not stipulate any passing marks for sending the student to appear in the Madhyamik Parikha. It is further stated that out of 110 students, 34 students have been allowed to fill up the forms after giving grace marks and one student who did not appear in the test examination on health ground is also allowed to fill up the form on the basis of his pass result. By order dated December 23, 2011 this court directed the respondent school to allow the petitioner to fill up the forms and the West Bengal Board of Secondary Education, the respondent No. 4 was directed to accept the said form provisionally subject to the result of the writ application.
(3.) IN affidavit -in -opposition affirmed by the respondent No. 3 on behalf of the school as well, it is stated that there is a consistent poor performance of the petitioner in Mathematics subject. It is further disputed that the marks which has been stated by the petitioner in the said writ petition to have obtained in the said subject is not correct. The respondent No. 3 states that the petitioner could not secure the qualifying marks for being promoted to class -X and as such was detained in the class IX. However, in the next year although the petitioner secured the poor marks but was promoted to class -X. It is denied that the respondent school has given any grace marks to any students.;