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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Anushka Sharma (minor) – Appellant
Versus
Central Board of Secondary Education (CBSE) – Respondent
W.P.(C) 4519 of 2019
Decided On : 11-04-2023
CBSE - Re-evaluation of Answer Book - 31.05.2018 - [31.05.2018] - The court discussed the modalities and schedule in respect of the process of verification, obtaining photocopy of the evaluated answer books, and re-evaluation of the answer books for the candidates who appeared in the CBSE Class X and Class XII examination in the year 2018. The court highlighted the interlinked process laid down by CBSE for seeking re-evaluation of the answer sheets and emphasized the importance of adhering to the timelines and procedures prescribed by the examining authority.
Fact of the Case:
The petitioner sought re-evaluation of her Class X mathematics answer sheet after being dissatisfied with the marks awarded. The petitioner failed to adhere to the prescribed procedure and timelines for re-evaluation as laid down by the CBSE.
Finding of the Court:
The court found that the petitioner failed to apply for photocopy of her answer sheet and re-evaluation within the stipulated time under the process laid down by CBSE, and therefore, was not entitled to relief of re-evaluation at a belated stage.
Issues: The main issue was whether the petitioner was entitled to re-evaluation of her answer sheet despite failing to adhere to the prescribed procedure and timelines set out by the CBSE.
Ratio Decidendi: The court held that any claim for re-evaluation would be subject to the rules laid down by the examining authority, and since the petitioner failed to adhere to the procedure and timelines for re-evaluation as laid down by the CBSE, no relief could be granted to the petitioner.
Final Decision: The petition was dismissed, and the court held that the petitioner was not entitled to re-evaluation of her answer sheet due to her failure to adhere to the prescribed procedure and timelines set out by the CBSE.
JUDGMENT
Mini Pushkarna, J. (Oral)--The present writ petition has been filed with prayer for directions to the Central Board of Secondary Examination (CBSE) to re-evaluate and rectify the mathematics subject answer book of the petitioner of Class X boards as conducted by the CBSE in the year 2018. There is further prayer for setting aside the notice dated 31.05.2018 issued by the CBSE laying down the modalities and schedule in respect of process of verification and re-evaluation of answer books for the candidates who had appeared under the CBSE Class 10th and Class 12th examination for the year 2018.
2. As per the facts as given in the petition, the petitioner appeared in Class 10th Board examinations conducted by the CBSE in the year 2018. The petitioner was extremely shocked and disappointed to see the marks awarded to her in mathematics subject. She was awarded 80 marks out of total of 100 marks, which were far below her expectation.
3. Subsequently, the petitioner's father subsequently duly applied for the verification of his daughter's marks in mathematics. Through the online status update on the website of CBSE, the petitioner came to know that no mistakes were found in the marks awarded to her in mathematics.
4. It is submitted that the petitioner and her father bonafidely believed that the process of verification of marks included thorough re-examination of marks awarded in an answer book as per prescribed marking scheme. Therefore, on learning that no mistakes were found in the verification process, they did not apply for the photocopy of the evaluated answer book as per the prescribed time schedule set out by the CBSE.
5. It is the case on behalf of the petitioner that it is only subsequently that the petitioner and her father came to know about the restricted scope of process of verification of marks. It is submitted that the process of verification of marks only entailed re-totaling of marks already awarded by the examiner on the answer book. The said verification did not include verification of marks awarded in answer book with the prescribed marking scheme supplied by the respondents for the purpose of identifying under/over-evaluation.
6. It is submitted that respondent no. 2 accepted online applications for re-evaluation from 21.06.2018 to 22.06.2018 only, from the candidates who had procured the photocopy of the evaluated answer books as per the schedule prescribed for the same. Since the petitioner was unable to procure the photocopy of the answer book of mathematics examination within the stipulated time frame, she was unable to apply/request for re-evaluation from 21.06.2018 to 22.06.2018.
7. Thereafter, petitioner's father through an RTI application dated 01.07.2018 requested for supply of photocopy of the answer book of petitioner's class X mathematics subject examination. The same was supplied by the CBSE vide letter dated 08.08.2018. It is submitted that immediately thereafter, petitioner's father compared the photocopy of the petitioner's answer book with the marking scheme of mathematics as available on the website of respondent no. 1. It is submitted that serious errors in evaluation were found and that in the evaluation of majority of questions, despite being correctly answered by the petitioner, the evaluator grossly failed to award marks as per the given marking scheme. The questions were either not evaluated correctly or under-marked.
8. The petitioner's father vide email dated 15.08.2018, 16.08.2018 and 17.08.2018 apprised the respondent no. 1 about the patent errors/discrepancies found in the evaluation of answer book of petitioner's mathematics examination. Written representations were also made by the father of the petitioner in this regard.
9. The respondents rejected the special appeal for re-evaluation of answer book of petitioner's Class X mathematics subject on the ground that the prescribed procedure as per the modalities has not been followed by the petitioner. Thereafter, vide
Adherence to the prescribed procedure and timelines for re-evaluation as laid down by the examining authority is crucial, and any claim for re-evaluation is subject to the rules laid down by the exam....
The main legal point established in the judgment is that the opportunity for re-evaluation of answer sheets cannot be claimed as a right, but is available only if the rules governing the examination ....
A candidate's right to request re-evaluation is not guaranteed and must align with the governing rules; judicial review in academic evaluations is limited to ensuring procedural fairness, not merit.
Supreme Court did not give a blanket order for allowing any candidate to approach the Court for re-evaluation at any point of time and restricted relief to those candidates who had approached the Cou....
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