2018 Supreme(Ori) 645

IN THE HIGH COURT OF ORISSA
VINEET SARAN, C.J. AND Dr. B.R. SARANGI, J.
W.P.(C) No.9890 of 2018-
Decided on 24th July, 2018.
Dibya Jyoti Nanda ... Petitioner.
Versus
Central Board of Secondary Education,
(CBSE) and another ... Opp. Parties.

Headnote:EVALUATION - Petitioner challenges the discrepancy in the marking/evaluation of the OMR answer sheet for gross illegality and irregularity – Discussed the factual matrix of the case – Analysed the matter – Cited case laws – Admittedly there has been discrepancy in the evaluation of marks in OMR sheet of the petitioner which is arbitrary and capricious – Writ Petition is allowed – Petitioner shall be awarded +4 marks for the wrong evaluation of the mark sheet by the Computer – Change in mark sheet communicated to the Chairman, OJEE at the earliest not later than a week – Petitioner in exercise of his option for upgradation of his institution has to prosecute his study in MBBS course in better institution than that of the present one.

       Petition allowed.