Re-Evaluation Of Answer Scripts Is Subject To Rules Laid Down By Examining Authority, Can’t Be Claimed As Matter Of Right: Delhi High Court

The Delhi High Court has said that re-evaluation of answer scripts in examinations cannot be claimed as a matter of right and that it is always subject to the Rules laid down by the concerned examining authority.

Justice Mini Pushkarna dismissed a plea moved by a moved by student seeking directions for Central Board of Secondary Examination to re-evaluate and rectify her mathematics subject answer book for Class X board examination, 2018.

The plea also challenged a notice issued on May 31, 2018, by CBSE laying down the modalities and schedule in respect of process of verification and re-evaluation of answer books for the candidates who appeared in Class 10th and 12th board examinations for the year 2018.

Observing that a procedure for evaluation has been prescribed by the CBSE, the court said that an examining authority has the autonomy to lay down the Rules regarding conduct of examination and re-evaluation of marks.

“Any claim for re- evaluation, as raised in the present case, would be subject to the Rules laid down by the examining authority. The petitioner having failed to adhere to the procedure and timelines for re-evaluation as laid down by the CBSE, no relief can be granted to the petitioner,” the court said.

Noting that the Board Examinations conducted by CBSE are taken by a large number of students, the court said that the whole process will become unworkable if the procedure of verification of marks and re-evaluation is not followed strictly as per the timeline.

“If finality to the results is not given within specific time schedule, then the interests of the students will suffer. This will not only hamper the next academic session, but may also adversely affect the future admission processes that may be based on marks in the said examinations. Therefore, it is imperative that the timelines and the procedure as prescribed by the examining authority is followed strictly,” the court said.

It was the case of the petitioner girl that she was awarded 80 marks out of the total 100 marks which were far below her expectation. Her father subsequently applied for verification of the marks.

The court was informed that through the online status update on CBSE website, the petitioner came to know that no mistakes were found in the marks awarded to her in mathematics.

It was also contended that on learning that no mistakes were found in the verification process, they did not apply for photocopy of the evaluated answer book within the time as set out by CBSE.

Denying her relief, Justice Pushkarna noted that an “inbuilt and interlinked” process has been laid down by CBSE for seeking re-evaluation of the answer sheets by students.

“Admittedly, petitioner failed to apply for photocopy of her answer sheet and re-evaluation of the same within the stipulated time under the process laid down by CBSE. Accordingly, petitioner is not entitled to relief of re-evaluation of her answer sheet at this belated stage,” the court said.

It added that the Board Examinations for Classes Xth and XIIth are conducted by the CBSE at an All India Level and that the whole process of examination would be difficult to be completed in a time bound manner if the schedule as prescribed by the examining authority is not adhered to.

“This would have a cascading effect in that the examination process conducted in a particular year will not attain finality, if the schedule as per the Rules of the examining authority, are not followed,” the court said.

Title: ANUSHKA SHARMA (MINOR) THROUGH HER NEXT FRIEND AND NATURAL FATHER, SH. JITENDER KUMAR SHARMA v. CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) AND ANR.

Citation: 2023 LiveLaw (Del) 344

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