The Delhi High Court in the case observed that the students is being entitled to full marks where the examiner fails to award mark in the margin against a particular answer even after entering the tick mark wherein it is indicated that the answer is correct.
The bench headed by Justice C Hari Shankar in the case observed and has stated that consequence of the lapse of the examiner, if any, cannot be visited on the student.
The court in the case stated that even if there is an error at the end of the examiner, so long as the answer sheet does not reflect the examiner’s view as being that the answer is incorrect and the student has to be given the benefit of doubt.
The court observed that assuming the examiner is remiss in a particular case with regards to the manner in which he has marked the answer sheet, the student cannot be made to suffer and, unless the said court is satisfied that the examiner has found the answer to be incorrect, the student has to get the benefit of marks allotted to the question, against the answer that he has provided.
Adding to it, the court stated that this court is of the considered view that while the failure to award marks in the margin against a particular answer even after entering a tick(✓) mark may be a lapse on the part of the examiner in order to strictly comply with the instructions issued by the CBSE, thus, the student cannot be made to suffer for that reason.
The court made the said observations while awarding the full marks to a girl against the answer provided by her to a question in Class XIIth Board Examination’s Geography paper held in March last year.
In the present case the girl moved the court that the examiner had entered two tick(✓) marks against the answer to the question and thus, she was being entitled to full marks against the answer.
On the other hand, it has been contended by the CBSE before the court that as the examiner did not enter any mark in the margin alongside the answer to the question, the Board could not have awarded any mark against the answer.
The court in the case observed that as long as the examiner found the answer which are provided by the student to be correct, there can be no question at all of the student being awarded no marks against that answer. The court stated that the decision on whether an answer to a question is relevant, correct, or incorrect, vests in the examiner. Thus, the CBSE cannot sit in appeal over the decision of the examiner.
Adding to it, the court stated that if the answer to a question is correct, the student is being entitled to be awarded marks against that answer.
The court in the case observed that if the examiner has not assigned any mark less than the maximum marks which can be awarded against that question, the student is entitled to be awarded the maximum marks. The court is of the opinion that the petitioner is entitled to full marks against the answer which are provided by her to Question 27 of the Geography paper held on March 02, 2023 in the Class XII Board Examination. The bench headed by Justice Shankar in the case observed and has directed the CBSE to issue a corrected mark sheet to the girl by adding 5 marks against the answer provided to the question. The counsel, Advocate Mr. Musheer Zaidi and Advocate Ms. Zahra Naqvi appeared for the Petitioner.
The counsel, Advocate Mr. Atul Kumar represented the Respondent No.1
