Errors would be fixed within the scheme of re-verification, CBSE to Delhi HC

Ashutosh Gambhir

Hearing of the petitions filed by students against scrapping of revaluation policy by CBSE continued today in the Delhi High Court.

Students had approached the Court after multiple discrepancies were reported in the valuation of the 12th board exam answer scripts.

The Court, in the previous hearing, had asked CBSE as to why they want to do away with the revaluation policy and had observed that errors in valuation , could be damaging to the career of the students.

ASG Sanjay Jain appearing for the CBSE submitted two reasons for withdrawing the revaluation policy. Firstly, no weightage is being given to 12th standard results in various entrance exams and secondly, the scope of error was merely 0.02 %.

Jain also dealt with another issue raised in the petitions regarding the fact that CBSE had agreed to continue with the revaluation policy before the Orissa High Court. He submitted that the Government counsel in the Orissa High Court was not aware of the change in policy. He further stated that the Orissa High Court relies on the judgment of the Delhi High Court with regard to the moderation policy which is not applicable in the present case.

That order (moderation policy) was proceeded on the assumption that the goalpost was changed in the middle of the game. Here it is not the case as the change in policy was announced way back in October 2016.”

Sanjay Jain then came up with a two pronged approach to deal with the current situation. He submitted that the timeline for re-verification (totalling of marks) of answer scripts will be extended and apparent mistakes/ errors in the marking shall also be fixed during the re-verification.

“Students, after going through their answer scripts, can point out the errors, if any and we will deal with them within the scheme of re-verification.”   

The petitioners contended that re-verification has a very limited scope of totalling and all the errors in the answer scripts would not be rectified through this scheme.

The Division Bench of Justices Manmohan and Yogesh Khanna retorted by saying that it is well settled through previous judgments that revaluation of answer scripts is not a right available to the students.

The Bench further observed that,

 “The petitioners should be happy with the scheme proposed by the CBSE. Do you want us to keep these petitions pending? Once the cut off lists come out, these petitions would be useless.”

“As far as withdrawing the revaluation policy is concerned, that matter needs to be comprehensively studied and requires arguments at length. This is a vexed situation and such matters cannot be disposed of in a jiffy. We can only balance the situation. The proposed step would satisfy most of the people.”

Sanjay Jain assured the court that CBSE will not act upon the undertaking given by the students to the effect that they cannot approach the court on account of their having obtained photo-copies of their answer scripts.

The Court also clarified that the statements made by CBSE would be applicable to all the students who opt for re-verification irrespective of whether they approached the court or not.

Read the order below.

Bar and Bench - Indian Legal news