Punjab & Haryana HC quashes CBSE’s selective revaluation policy [Read Order]

Once bye-laws do not envisage any restriction of revaluation, CBSE cannot on its own put fetter restricted qua one paper, permitting in others, the Court said.

The Punjab and Haryana High Court, in Shaurya Gulati vs. CBSE, has directed the Central Board of Secondary Education to consider an application of a student seeking revaluation of the theory subject of Physical Education. Justice Amit Rawal observed that CBSE cannot on its own put fetter restricted qua one paper, permitting in others, since bye-laws do not envisage any restriction of revaluation

A notice which had no provision with regard to the revaluation of the theory paper of Physical Education was challenged by a student before the High Court contending that byelaws which have been promulgated does not envisage any restriction with regard to the revaluation of the subject aforementioned.

The Court referring to Delhi High Court in Samarth Mittal vs. Union of India and others, 2015(6) AD (Delhi) 498 observed: “once bye-laws do not envisage any restriction of revaluation, CBSE cannot on its own put fetter restricted qua one paper, permitting in others. This view of mine is fortified with the judgment rendered by Delhi High Court in Samarth Mittal's case (Supra), wherein identical situation has arisen and the CBSE has been directed to conduct the revaluation of theory paper of Physical Education as per bye-laws (Annexure P-3). Even otherwise, once the respondent has permitted to revaluation of the subjects mentioned in the following subjects:- “English Core, English Elective (CBSE), English Elective (NCERT), Hindi Core, Hindi Elective, Mathematics, Physics, Chemistry, Biology, Business Studies, Economics & Accountancy” there is no rationale behind prohibiting the revaluation of the theory paper of Physical Education.”

Quashing the notice under challenge, the Court has directed the CBSE to conduct revaluation as sought for and publish results within two weeks.

Read the order here.