Delhi High Court
Gaurav Kathuria vs Central Board Of Secondary ... on 23 June, 2017
$~4 & 16 to 20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5355/2017 & C.M.Nos. 22651/2017, 22652/2017
GAURAV KATHURIA ..... Petitioner
Through Mr.Khagesh B.Jha, Advocate.
versus
CENTRAL BOARD OF SECONDARY EDUCATION AND ANR
..... Respondents
Through Mr.Atul Kumar, Advocate for R-1.
+ W.P.(C) 5247/2017 & C.M.Nos.22282/2017, 22561- 22562/2017 &
22695-22697/2017
KASHISH MITTAL ..... Petitioner
Through Ms.Aakansha Nehra, Advocate.
versus
CENTRAL BOARD OF SECONDARY EDUCATION & ANR.
..... Respondents
Through Mr.Sanjay Jain, ASG with
Ms.Manisha, Mr.Kartik Rai and
Ms.Rajul Jain, Advocates for CBSE.
Mr.Nirvikar Verma, Advocate for
UOI.
Ms.Jaswinder Kaur, Advocate for
impleader.
Areeb Hasan, Advocate for
impleader.
+ W.P.(C) 5275/2017
SATVIKA JAIN ..... Petitioner
Through Ms.Arunima Dwivedi, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Anil Dabas, Advocate for R-
1/UOI.
Mr.Sanjay Jain, ASG with
Ms.Manisha, Mr.Kartik Rai and
Ms.Rajul Jain, Advocates for CBSE.
+ W.P.(C) 5297/2017
GOLIGHAR MOHAMMED UBAID ..... Petitioner
Through Mr.Ashish Verma, Advocate.
versus
C B S E & ANR ..... Respondents
Through Mr.Sanjay Jain, ASG with
Ms.Manisha, Mr.Kartik Rai and
Ms.Rajul Jain, Advocates for CBSE.
+ W.P.(C) 5322/2017
RANJINI BHATTACHARYA ..... Petitioner
Through Mr.Rabin Majumdar, Advocate.
versus
CONTROLLER OF EXAMINATIONS ..... Respondent
Through Mr.Atul Kumar, Advocate for R-1.
+ W.P.(C) 5361/2017 & C.M.Nos.22663/2017, 22664/2017
SHRUTI GUPTA ..... Petitioner
Through Mr.Kirti Uppal, Sr.Advocate with
Mr.Gaurav Pathak, Ms.Aastha
Dhawan and Ms.Gauri P.Desai,
Advocates.
versus
CENTRAL BOARD OF SECONDARY EDUCATION & ANR.
..... Respondents
Through Mr.Atul Kumar, Advocate for R-1.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 23.06.2017
Mr.Sanjay Jain, learned ASG today makes a statement that
notwithstanding the fact that the policy for re-valuation of the answer-
sheet stands withdrawn with effect from 2017 examinations, in the
peculiar facts and circumstances pointed out by the petitioners, if any
of the petitioners were to apply to CBSE with a grievance that a
particular answer-sheet has not been evaluated as per the concerned
marking scheme circulated to the Head Examiner in respect of major
subjects, whereupon CBSE will scrutinise such answer-sheets and
take appropriate remedial action, if required. He states that the
concerned marking scheme shall be uploaded on the website of CBSE
within a period of two working days.
Learned ASG further states that all such requests shall be
considered by CBSE on 'first come first serve basis' i.e. those persons
who have already applied for re-verification, their papers will be
scrutinised on priority basis as per the marking scheme.
Mr. Sanjay Jain also states that CBSE will not act upon the
undertakings given by the students to the effect that they cannot
approach the Court on account of their having obtained photocopies
of the answer-sheets.
The statement made by learned ASG is accepted by this Court
and CBSE is held bound by the same.
However, this Court is of the view that the statement made by
the learned ASG cannot be confined to the petitioners only or to those
who have approached this Court. Consequently, the statement of
learned ASG shall bind the CBSE with regard to those students as
well, who have already applied with the similar grievance.
With the aforesaid observations, present writ petitions and
applications stand disposed of.
Order dasti under the signatures of Court Master.
MANMOHAN, J
(Vacation Judge)
YOGESH KHANNA, J
(Vacation Judge)
JUNE 23, 2017
KA
