An examining board cannot unilaterally deduct marks from a subject not submitted for re-evaluation to adjust grace marks in another subject, as the scope of re-evaluation is limited to the specific subjects requested by the candidate.

ORDER

Heard Mr. P. Hazarika, learned counsel for the petitioner. Also heard Ms. R. Bora, learned Standing Counsel, CBSC for the respondent Nos. 1, 2 and 3 and Mr. N. Sharma, learned counsel for the respondent No.4.

[2.] The case of the petitioner is that his son appeared for the Secondary School Examination, 2025 comprising of five subjects, namely, English (Language and Literature), Hindi Course-B, Mathematics Basic, Science and Social Science. Upon receiving the mark-sheet, the petitioner found that his son had failed in science subject and was given Grade ‘E’. The petitioner’s son in the science subject scored 013 marks in theory and 018 in the Internal Assessment paper. The same added up to 031 marks only, whereas, 033 marks is the pass mark. The petitioner and his son not being satisfied applied for reevaluation of the science paper online as permissible under the relevant guidelines of Central Board of Secondary Education (CBSC). When the petitioner checked the verification status, there was a remark “mistake communicated” on subject 086, which is the code for the Science subject. The petitioner’s son then received the verification/reevaluation of marks results dated 25.06.2025, wherein, his marks on the theory paper in the Science subject was upgraded to 15 marks instead of 13 marks given to him earlier. The petitioner’s son was therefore graded as D2 in Science which is a grade given to a student who pass in the subject. Subsequently, when the petitioner’s son downloaded the mark-sheet after the reevaluation was done, he was surprised to find that he now failed in Mathematics subject with his score as 13 marks in theory and 18 marks in the Internal Assessment with a total of 31 marks only. He was in fact earlier shown to have passed in Mathematics. In respect of science subject he was now shown to have scored a total 33 marks in both the theory and Internal Assessment when added together. Aggrieved with the same, the petitioner is before this Court.

[3.] The learned counsel for the petitioner submits that the petitioner and his son had sought for reevaluation of marks of Science subject only, but the respondent authorities also reevaluated the marks given in Mathematics subject and deducted two marks therefrom and added the same in the Science subject. The action of the respondent authorities concerned not being in terms of the application submitted by the petitioner and his son, the same should be interfered with by this Court.

[4.] Ms. R. Bora, learned Standing Counsel, CBSC on the other hand submits that as per the guidelines followed by the CBSC, a student is entitled to 2(two) grace marks only and since the petitioner’s son had already been given grace marks in the Mathematics subject, he is not entitled to be given grace marks in both the subjects. Therefore the grace marks given in Mathematics have been adjusted in the Science subject. In support of her submission, the learned Standing Counsel has referred to affidavit-in-opposition filed by the CBSC on 12.11.2025.

[5.] I have considered the submission made by the rival parties and I have perused the materials available on record. The issue to be decided is as to whether in reevaluating the marks given in Science paper, the respondent authority concerned can travel beyond the application for reevaluation and change the marks already given in Mathematics subject. Stand taken by the respondent CBSC in the affidavit-in-opposition filed by them at page 6 and 7 may be abstracted hereunder:

“After Re-evaluation/Verification: The candidate had applied for Verification in subject Science (086) and +1 mark was increased after the process of Verification. As per the new result, the candidate obtained (13+1)14 raw marks in theory, 18 Marks in Internal Assessment and was awarded 1 Grace mark so the final marks awarded was 33{13+1 (increased in Verification) + 18(IA)+ 1G=33}, that make candidate declared pass in science (086), and the grace m