CBSE can’t have selective policy on re-evaluation: HC

Saurabh Malik

Tribune News Service

Chandigarh, June 21

The Punjab and Haryana High Court has ruled that the Central Board of Secondary Education (CBSE) cannot allow re-evaluation in some subjects and deny it in others.

Justice Amit Rawal’s ruling came on a petition filed by Shaurya Gulati. He was aggrieved by a restriction imposed in a notice dated May 24 on the re-evaluation of papers. His counsel contended that there was no provision for the re-evaluation of physical education theory paper in the Class XII examination.

The counsel for the respondent submitted that an appeal against the judgment had been filed, although interim stay had not been ordered. He further submitted that the re-evaluation started with effect from November 2014. Prior to it, there was no provision for the re-evaluation of any subject paper of Class XII.

Justice Rawal asserted that his view was fortified by the Delhi High Court judgment in Samarth Mittal’s case, wherein an identical situation had arisen, and the CBSE was directed to conduct the re-evaluation of the physical education theory paper as per the bylaws.

Allowing the petition, Justice Rawal quashed the notice only with regard to the petitioner. “The respondent shall consider the written request of the petitioner for conducting re-evaluation, subject to the deposit of usual charges”. He set a two-week deadline from the date of receiving the request for the re-evaluation and declaration of the result.