Orissa High Court
WP(C)/20675/2020 on 15 March, 2021
W.P.(C) No. 20675 of 2020
07. 15.03.2021 The matter is taken up through hybrid arrangement
(virtual/physical mode).
Heard Mr. T. Panigrahi, learned counsel for the petitioner,
Mr. M. Agarwal, learned counsel appearing on behalf of Mr. P.
Mukharjee, learned counsel for opposite party no.2 and Miss. P.
Naidu, learned counsel appearing for opposite party no.2.
The petitioner has filed this writ petition seeking for
rechecking and revaluation of seven subjects/papers of his
daughter, who appeared the ICSE (Class-X) examination for the
year 2020 as per Annexure-1.
Mr. T. Panigrahi, learned counsel for the petitioner
vehemently contended that the daughter of the petitioner
appeared the ICSE, Class-X Annual Examination, 2020. After
result was published, some discrepancies in awarding marks were
found. Therefore, he sought for rechecking, re-addition and
revaluation of marks and for that purpose deposited Rs.7,000/-
before the Council for the Indian School Certificate Examinations
through online. On receipt of the same, a communication was
made that there was no change of marks awarded to the
petitioner. Therefore, he has approached this Court by filing this
application.
Mr. M. Agarwal, learned counsel for opposite party no.1
states that so far as re-checking and re-addition is concerned, as
per rules, the petitioner has applied within seven days by
depositing the requisite fees and the same was accepted and
rechecking done. So far as revaluation is concerned, it is not
permissible under law. Thereby, the writ petition should be
dismissed on that score.
Miss. P. Naidu, learned counsel for opposite party no.2
states that rechecking of answer sheets is only permissible, after
result is published, but revaluation is not permissible.
Having heard learned counsel for the parties and after
going through the records, it appears that the petitioner
essentially claims for revaluation of the answer sheets. So far as
rechecking is concerned, application was submitted well within
the time specified and on receipt of such application rechecking
has been done and result thereof has been communicated to the
petitioner, having no change in the mark. But in the present writ
petition, the petitioner seeks for re-valuation of the answer sheets.
The Council for the Indian School Certificate Examination
was established in the year 1958 by the University of Cambridge
Local Examinations Syndicate with the assistance of the Inter-
State Board for Anglo Indian Education, and it is a Society
registered under the Societies Registration Act, 1860. The Delhi
Education Act, 1973, passed by the Parliament, recognized the
Council as a body conducting public examinations. The Council
has framed its set of Regulations relating to conduct of
examinations, marking system, and provision for re-checking of
answer sheets. Clause - G and H of the Regulations read as
follows:
"Clause- G of the Regulations provides the procedure for
evaluation of answer scripts :
1. The evaluation of answer scripts and of the other
work done by candidates during the examination is
within the domestic jurisdiction of the Council and,
therefore, no candidate, outside person or authority has
jurisdiction to check/scrutinize the answer scripts or
other work done by any candidate.
2. The marking of answer scripts and of the other
work done by candidates during the examination by the
Council or its examiners and the results of such marking
shall be final and legally binding on all candidates. The
Chief Executive and Secretary of the Council will not,
except in his absolute discretion, enter into
correspondence about results with candidates or their
parents or guardians or the person claiming to act in loco
parentis.
The Council does not undertake to re-evaluate the
answer scripts after the issue of the results.
Clause- H of the Resolution provides the procedure for
'Enquiries concerning Examination Results' :
1. Enquiries concerning examination results on behalf of
the school candidates must be made to the Chief
Executive and Secretary of the Council by the Head of
the School concerned only and must reach the Council's
office, not later than the specified date. Schools are
asked to bear in mind that a large number of answer
scripts are re-marked before the award.
Enquiries should be restricted only to results which are
significantly below the standard suggested by the
candidates' school work in the subject.
2. Recheck: The accuracy of a subject grade awarded
will be checked on request, in one or more subjects,
provided that the Head of the School/Candidate
forwards the application online. Such applications must
be made in the proforma prescribed online by the
Council and must be received at the Council's office not
later than ten days from the day of the declaration of
result. Schools/Candidates will be required to pay the
charges online for each recheck as prescribed by the
Council from time to time.
The recheck will be restricted to checking whether:
- all the answers have been marked;
- there has been a mistake in the totaling of marks
for each question in the subject and transferring
the marks correctly onto the first cover page of
the answer script;
- the contribution sheets attached to the answer
script, as mentioned by the candidate, are intact.
No other re-evaluation of the answer script or other
work done by the candidate as part of the
examination will be carried out.
(i) No candidate, person or organization shall be entitled
to claim re-evaluation or disclosure or inspection of the
answer scripts or copies of it and other documents as
these are treated a most confidential by the Council.
(ii) The recheck will be carried out by a competent person
appointed by the Chief Executive and Secretary of the
Council.
(iii) On rechecking the scripts, if it is found that there is
an error, the marks will be revised accordingly.
(iv) The communication regarding the revision of marks,
if any, shall be sent online to the Head of the
School/Candidate.
(v) The Council will not be responsible for any loss or
damage or any inconvenience caused to the candidate,
consequent to the revision of marks and no claims in this
regard shall be entertained.
(vi) The council shall revise the Statement of Marks and
Pass Certificate in respect of such candidates whose
results have changed and after the previous Statement
of Marks and Pass Certificates have been returned by
the Head of the School.
The decision of the Chief Executive and Secretary of the
Council on the result of the scrutiny and recheck shall be
final."
In view of the aforesaid provisions contained under the
Rules, since re-valuation of the answer sheets is not permissible,
the question of issuing any direction for the same does not arise.
So far as rechecking is concerned, the same has been done.
Therefore, this Court is not inclined to entertain this writ
application, which is accordingly dismissed.
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Ajaya (DR. B.R. SARANGI) JUDGE