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2015 Supreme(Del) 1115

RAJIV SAHAI ENDLAW
SAMARTH MITTAL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Ayushya Kumar with Mr. J. K. Goyal & Mr. Gaurav Goyal, Advs.
For the Respondents: Mrs. Bharathi Raju, CGSC for R-1. Mr. Amit Bansal, Adv. for R-2&3

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. On 30th June, 2015 when this petition came up first, the following order was passed:

“1. The petition impugns the refusal of the respondent No. 2/CBSE to re-evaluate the answer sheet of the petitioner in the subject of ‘Physical Education’ in the Class XII examination.

2. The counsel for the petitioner on enquiry states that the examination in ‘Physical Education’ comprises of a theory paper of 70 marks and a practical of 30 marks and clarifies that he is seeking review of the marks accorded to the petitioner in the theory paper only.

3. The attention of this court is drawn to the amendment carried out in the year 2014 and notified on 11th March, 2015 of Rule 61 of the Examination Bye-laws of the CBSE which permits such revaluation.

4. The counsel for the respondent No. 2/CBSE appearing on advance notice has at the outset relied on the order dated 26th November, 2014 of the Division Bench of this court in LPA No. 749/2014 titled as Shri Hari Mohan Shar
























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