Appearing in Letters Patent Appeal challenging a Single Judge order directing CBSE to re-evaluate Class 12 answer sheets of a failed student, the High Court found no infirmity and accordingly dismissed the appeal.
The Letters Patent Appeal was dismissed against the impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1341 of 2019 In
Civil Writ Jurisdiction Case No.13129 of 2019
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... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Vinay Krishna Tripthy, Adv. For the Respondent/s : Mr.Ajay Kumar, Adv. ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 08-03-2021
Heard the parties.
Aggrieved by judgment and order dated 02.07.2019 passed by learned Single Judge of this Hon’ble Court passed in C.W.J.C. No. 13129 of 2019 allowing the writ petition, present L.P.A. has been filed by appellant/respondent CBSE.
Respondent had filed writ petition for a direction to appellant CBSE, New Delhi to re-evaluate the answer books of three subjects, namely, Physics, Chemistry and mathematics of
Patna High Court L.P.A No.1341 of 2019 dt.08-03-2021 2/3
class 12th Examination, 2018 held by CBSE.
Respondent had successfully passed JEE Examination obtaining 59% marks including 72% in Chemistry and mathematics, however, he has been declared failed by CBSE in class 12th examination in physics, chemistry and math. He applied to the CBSE with requisite fee for re-evaluation of his answer books but no steps were taken by the CBSE for reevaluation of his answer books, as such, he filed present writ petition, which was allowed by the learned Single Judge operative part of which is re-produced below:-
“It is not in dispute that some formalities were required for re-evaluation, as highlighted by Mr. Tripathy, learned counsel for the CBSE, which were not followed by the petitioner and as such the CBSE is in difficulty in considering the case of the petitioner for reevaluation. However, considering the statements made in para-5 of the writ petition and Annexure-2, the Court is inclined to grant indulgence to the petitioner. The writ petition is disposed of with direction to the CBSE to re-evaluate the answer sheet of the petitioner provided the petitioner completes formalities as to re-evaluation i.e. obtaining xerox copy of the answer sheet and thereafter payment of off line fee if online fee is not accepted. The Court grants 15 days time to the petitioner to complete all the formalities as required by the CBSE and in case the petitioner completes all the formalities, the CBSE shall be obliged to re-evaluate the answer sheet and provide a copy of the result of re-evaluation to the petitioner within a period of one month from
Patna High Court L.P.A No.1341 of 2019 dt.08-03-2021 3/3
the date of re-evaluation.”
This Court does not find any infirmity or error in the
order passed by the learned Single Judge requiring any interference by the Court, accordingly, the L.P.A. is dismissed.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 15.03.2021 |
| Transmission Date | NA |
2 issues framed by the court
Whether the Letters Patent Appeal challenging the Single Judge's direction to CBSE for re-evaluation of answer sheets deserves interference.
Whether infirmity exists in the impugned order requiring a hearing by this Court.
The Central Board of Secondary Education
Keshav Narayan
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
