Examination System Doesn't Permit For Students To Be Penalized For Poor Handwriting: Delhi High Court

The Delhi High Court has observed that the examination system does not permit students to be penalised for having poor handwriting.

The court however emphasized that students must write properly readable answers and examiners cannot be asked to evaluate completely unintelligible handwritings.

Justice C Hari Shankar observed that though a student who undertakes an examination is entitled to have the paper evaluated, it cannot be said that he or she can still approach the court if the handwriting is so unintelligible that no one can read it.

“It is the duty of the student to at least write intelligibly. Examiners cannot be asked to evaluate handwritings which are completely unintelligible, and if a student writes his answer in such a fashion, he cannot come to Court seeking relief. The approach of the Court has, therefore, to be circumspect and case based,” the court said.

It added that if the court finds the handwriting of a student to be completely unintelligible, it must necessarily refuse relief.

“The examiners who examine answer sheets have an arduous task before them, especially in institutions of higher education. It is also the duty of students to ensure that their answers are properly readable. If the handwriting of a candidate is very poor, an individual examiner may be excused if she/he so observes, on the answer sheet,” the court observed.

Justice Shankar made the observations while dealing with a plea moved by a student pursuing law from Delhi University seeking re-evaluation of hugs answer sheets for the supplementary examination in the Competition Law subject.

In the answer sheet, the examiner had written a comment stating “very poor handwriting, hardly could read anything.”

The court observed that there was no question of re-evaluation of the answer sheet but was inclined to allow evaluation of the same. It added that the manner in which the answer sheet was evaluated by the examiner could not be regarded as a proper evaluation at all.

“An evaluation of an answer sheet which the evaluator/examiner is unable to read, cannot be treated in law as evaluation at all. There is, therefore, no question of re-evaluation,” the court said.

While clarifying that it was not finding fault with the examiner, Justice Shankar said that if the handwriting is at all intelligible, the student is entitled to be marked for the concerned answer.

“After all, the examination system does not permit students being penalized for having poor handwriting. That, however, is what has happened in the present case,” it added.

Accordingly, the court permitted the student to provide a typed transcript of the answer sheet to the varsity and ordered that it be placed on record before the examiner who initially checked the paper.

The court directed the examiner to evaluate the answer sheet based on the typed transcript, provided that he or she is satisfied that the transcript corresponds exactly to the handwritten answer sheet.

Counsel for Petitioner: Mr. Rohan Taneja and Ms. Prerna Bhardwaj, Advs

Counsel for Respondents: Mr. Mohinder J.S. Rupal and Mr. Hardik Rupal, Advs

Title: MADHAV CHAUDHARY v. UNIVERSITY OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 357

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