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2018 Supreme(P&H) 3772

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Rakesh Kumar Jain, J.
Anoushka Kejriwal (minor) Through Her Natural Father - Appellant
Versus
Union Of India And Others - Respondent
Civil Writ Petition No. 17033 of 2018
Decided On : 31-07-2018

Advocates Appeared:
Munisha Gandhi, Adv., Salina Chalana, Adv., Nitin Kant Setia, Adv.

The entitlement of a student to full marks in certain questions and the application of 'standardization of marks' were central legal principles established in the judgment.

Headnote:

Re-evaluation - Student - Central Board of Secondary Education - 301, 030, 054 - The court discussed the re-evaluation process and the petitioner's dissatisfaction with the marks awarded in specific questions. The court highlighted the principle of 'standardization of marks' and its application, emphasizing the entitlement of the student to full marks in certain questions. The court directed the board to make necessary changes in the marks and issue a revised mark-sheet to the student.

Fact of the Case:

The petitioner, a student, was dissatisfied with the marks awarded in specific questions in Class XII examination conducted by the Central Board of Secondary Education. She applied for re-verification, obtained photocopies of answer-sheets, and applied for re-evaluation, leading to a partial increase in marks. However, she remained dissatisfied with the evaluation of certain questions.

Finding of the Court:

The court found errors in the evaluation of specific questions and emphasized the entitlement of the student to full marks in certain questions. The court highlighted the principle of 'standardization of marks' and directed the board to make necessary changes in the marks and issue a revised mark-sheet to the student.

Issues: Dissatisfaction with marks awarded in specific questions, application of 'standardization of marks', entitlement of student to full marks in certain questions.

Ratio Decidendi: The court emphasized the entitlement of the student to full marks in certain questions and found errors in the application of 'standardization of marks', leading to a direction for necessary changes in the marks and issuance of a revised mark-sheet to the student.

Final Decision: The court directed the board to make necessary changes in the marks of the petitioner in the subject of Business Studies and issue a revised mark-sheet to her within a period of 7 days from the date of receipt of the order.

JUDGMENT

Rakesh Kumar Jain, J. - The petitioner, a student of Bhavan Vidyalaya School, Sector 27, Chandigarh, had appeared in Class XII examination conducted by the Central Board of Secondary Education [for short 'the CBSE'] in the month of March-April, 2018 and secured 460 out of 500 marks in the result declared on 26.5.2018. She was not satisfied with her marks in 4 subjects, namely, English Core, Economics, Business Studies and Accounts. As per the procedure provided by the CBSE for re-evaluation, the student has to first apply for re-verification of marks in which marks are only calculated of each question subject to payment of 500/- per subject. If the student is not satisfied with the re-verification, he/she can obtain a photocopy of his/her answer-sheet on payment of 700/- per answer-sheet but the answer sheet can be obtained only by those students who had applied for re-verification of their marks. The answer key of each subject is also uploaded on the website of the CBSE for reference of the students and thereafter, the student can apply for re-evaluation in which the answers for the specific questions are re-checked and if it is found to be correct then the marks are accordingly awarded but for the purpose of re-evaluation, the student has to mandatorily apply for obtaining the photocopy of answer-sheet with the payment of 100/- per question.

2. The petitioner had allegedly applied for re-verification of her marks in four subjects and paid requisite fee of 2000/- on 1.6.2018. She was informed on 4.6.2018 that no mistake was found in calculation of marks. Thereafter, she applied on 15.6.2018 for obtaining photocopy of answer-sheets and paid requisite fee of 2800/- on the same day and received the same on 20.6.2018. She had allegedly compared her answers with the answer-key of each subject, obtained from the website of the CBSE, and when she realized that she had not been awarded correct marks for some of the questions, applied for re-evaluation of answers of three subjects, namely, English Core, Economics and Business Studies and paid 2500/- for re-evaluation of 25 questions on 23.6.2018. On 5.7.2018, the petitioner received the result of re-evaluation wherein she was informed that her marks have been revised in two subjects. In the subject of English Core (Subject Code 301), her marks were increased from 86 to 93 and in the subject of Economics (subject Code 030) her marks were increased from 72 to 78 but in regard to the subject of Business Studies (subject Code 054), no mistake was found in the re-evaluation. As a result therefore, the marks of the petitioner were increased from 460/ 500 marks (92%) to 473/500 (94.6%). The petitioner is still not satisfied with the re-evaluation of her answer-sheet of the subject of Business Studies (subject Code 54) more particularly in regard to questions No.11, 12 & 18. She has given the details of the question and answer of the aforesaid three questions in the writ petition, which is reproduced as under: -

For question No.11:

 

 

Answer Key

(a)

Democratic style

 

(b)

Two positive aspects of communication which Sandhya is using as an intelligent manager are:

 

(i)

It carries information rapidly and therefore, may be useful to the manager at times.

 

(ii)

It is used by the manager to transmit information so as to know the reaction of his/her subordinates.

Petitioners answer

(a)

Democratic or participative style of leadership is used by Sandhya.

 

(b)

(i) It leads to faster spread of information and provides quick feedback.

 

 

(ii) It is used by the manager to know the views of the employees regarding different policies, decisions, etc.

Marking scheme

 

1 mark for identifying the style

+ (1 x 2 = 2) = 3 marks

 

 

Marks awarded

 

Zero

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