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IN THE HIGH COURT OF DELHI
Rekha Palli, J.
Aarushi Goyal - Appellant
Versus
Central Board of Secondary Education - Respondent
W.P.(C) 8552 of 2017
Decided On : 28-02-2019




JUDGMENT

Rekha Palli, J.

Review Petition No.432/2018

1. Vide the present petition, the petitioner seeks review of the order dated 09.02.2018 passed in W.P.(C) No.8552/2017, whereby this Court while directing the respondent/C.B.S.E. to supply the petitioner with copies of her revaluated answer-sheets in the subjects of Economics and English (Core), had rejected her prayer for a direction to the respondent to carry out a further re-evaluation of her aforesaid answer-sheets.

2. The facts emerging from the record that are necessary for the adjudication of the present petition are that the petitioner, a commerce student had appeared for her Class XII AISSCE examination conducted by the respondent/CBSE in March 2017. Aggrieved by the nature of the evaluation conducted by the respondent, on 13.09.2017, the petitioner had filed a civil writ petition bearing No.8552/2017 before this Court seeking directions to the respondent to re-evaluate her answer books in Economics and English (Core) in a proper manner and to provide her with a copy of the said answer books after re-evaluation.

3. After hearing the learned counsel for the parties at length, this Court, on 09.02.2018, passed an order directing the respondent to provide the petitioner with a photocopy of her re-evaluated answer-sheets. However, with respect to the petitioner's prayer seeking a direction to the respondent to re-evaluate the answer-sheet in a proper manner, this Court had held the same to be misconceived in light of the fact that her answer-sheets had already been revaluated by academic experts and no ground was made out for any interference with the results thereof.

4. Being aggrieved by the order dated 09.02.2018 passed by this Court, the petitioner preferred an appeal being LPA No. 253/2018, which was disposed of vide order dated 07.05.2018, wherein the Division Bench after noticing that the petitioner's grievance was entirely factual and involved a re-appreciation of the factual material placed on record before this Court, permitted the petitioner to withdraw her appeal with liberty to approach this Bench with a review petition on the question of the correct totalling of the re-valued marks.

5. Pursuant to the order dated 07.05.2018, the petitioner who has been admittedly given copies of her re-evaluated answer sheets, has now filed the present petition seeking review of the order dated 09.02.2018 passed by this Court, challenging the overall accuracy and veracity of the re-evaluation conducted by the respondent.

6. Learned counsel for the petitioner submits that while the petitioner's marks were increased after the re-evaluation conducted pursuant to the orders of this Court, the said re-evaluation has not been effectuated properly. He states that the re-evaluation lacks proper appreciation of the petitioner's answers based on merit and amounts to a mere replacement of marks. Learned counsel for the petitioner further submits that, contrary to the claims of the respondent and the observations of this court recorded in the order dated 09.02.2018, no subject experts were involved in the re-evaluating the answer books of the petitioner. In support of his contentions, the petitioner has in a tabular form explained her grievances regarding the results of the re-evaluation. For the sake of convenience, the aforesaid chart has been produced hereinbelow:

Q.No.Maximum MarksMarks awarded after evaluationMarks awarded after re-evaluationRemarks
Q-83 marks03Satisfactory reevaluation
Q-114 marks34Satisfactory reevaluation
Q-146 marks55Satisfactory reevaluation
Q-244 marks33Satisfactory reevaluation
Q-254 marks33Satisfactory reevaluation
Q-264 marks21The answer was attempted partially at the last page and the answer and the formula are absolutely correct and same (200) as specified in the marking scheme. The petitioner is entitled for complete 4 marks.
Q-28 (a,b,c)6 marks (2 marks for each part)242 marks was allotted by the first examiner to part c, whereas the second exam

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