Delhi HC: School Cannot Seek Correction Of Student’s Internal Assessment Marks After Uploading On CBSE Website

The Delhi High Court in the case Nilkanth Das And Ors v. CBSE And Ors observed and has stated that once a school uploads the internal assessment marks of a student on the website of Central Board of Secondary Education, CBSE it cannot seek any correction even if there was an error while uploading the marks.

The bench headed by Justice C Hari Shankar in the case observed and has stated that utter chaos would result if schools are permitted to commit errors while uploading the marks of students on CBSE’s website and thereafter, call upon the Board to correct the marks awarded at their end.

The court stated that CBSE would also not be in a position to blindly accept such requests, and would, if this practice were to be allowed and have to conduct independent verifications in each such case to ascertain the actual marks which the candidate had been awarded.

The bench of Justice Shankar in the case observed and has dismissed the petition moved by father wherein it seeks direction on the CBSE to correct her daughter’s internal assessment marks in Social Studies subject for Class X in the academic year 2019-2020 from 18 to 20 marks.

The court in the case observed that the school addressed a communication to the CBSE wherein it is stated that it had erroneously uploaded the internal assessment marks of seven students which includes the petitioner’s daughter, as 18 out of 20 instead of 20 out of 20.

The court also requested the CBSE to carry out the necessary corrections at its end.
Further, it has been stated by the CBSE that it was not possible to accede to the request to change the internal assessment marks of the seven candidates and in view of the circulars issued by it which stated that while uploading marks, schools will ensure correct marks are uploaded as no correction in the marks will be allowed once marks are uploaded.

The bench of Justice Shankar in the case observed and has stated that the proscription of revising the marks provided in the CBSE Circulars is ‘eminently in public interest.’
The court stated that as the circulars are being issued by CBSE were not under challenge and the Board’s decision was in sync with the them, no sustainable grievance existed in the plea.

Further, it has also been emphasized by the said court that this Court once again empathises with Miloni, it regrets its inability to come to her aid.
Accordingly, the court dismissed the writ plea with no orders as to costs.

The counsel, Advocate Mr. N.K. Sahoo appeared for the Petitioners.
The counsel, Advocate Mr. Ashok Kumar represented the respondents.