In the case of Prem Ratan
Agrawal v/s Board of Secondary Education [2002 (2)
MPHT 570]; Board of Secondary Education v/s Rajeev
Gupta [L.P.A. No.295 of 2001 - decided on 26.02.2004]
this Court has held that as general rule the Court has no
power to order for revaluation of the answer-sheet since
the rule do not provide for revaluation, however, in extra
ordinary case where student is bright and when injustice
have been done, then in such cases revaluation of marks
can be done specially in the case of Mathematics and
Science. It is open to the Court to have a look at the
answer sheet and compared with the model paper and if
there are gross discrepancies in the answer book, then it
is always open to the Court to call expert valuer of
subject to re-evaluate the marks in the Court itself.
In the case of Prem Ratan
Agrawal v/s Board of Secondary Education [2002 (2)
MPHT 570]; Board of Secondary Education v/s Rajeev
Gupta [L.P.A. No.295 of 2001 - decided on 26.02.2004]
this Court has held that as general rule the Court has no
power to order for revaluation of the answer-sheet since
the rule do not provide for revaluation, however, in extra
ordinary case where student is bright and when injustice
have been done, then in such cases revaluation of marks
can be done specially in the case of Mathematics and
Science. It is open to the Court to have a look at the
answer sheet and compared with the model paper and if
there are gross discrepancies in the answer book, then it
is always open to the Court to call expert valuer of
subject to re-evaluate the marks in the Court itself.
The apex Court in the
case of Sahiti v/s DR. NTR University of Health Sciences 4
[(2009) 1 SCC 599] has held that re-evaluation of the
answer scripts in the absence of specific provision is
perfectly legal but permissible in certain cases depending
on its facts and circumstances.
In a recent judgment of the Apex Court
passed in the Case of Ran Vijay Singh & Others Vs.
State of Uttar Pradesh & Others, reported in (2018) 2
SCC 357, it has been held that even if the statutory rules
or regulations governing the examination does not
permit the revaluation of scrutiny of marks, the Court
may permit revaluation or scrutiny only if it is
demonstrated very clearly that material error has been
committed..............."