Gaurav Kathuria v. Central Board Of Secondary Education And ANR
$~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 Mr.Khagesh B.Jha, Advocate.
versus CENTRAL BOARD OF SECONDARY EDUCATION AND ANR + W.P.(C) 5247/2017 & C.M.Nos.22282/2017, 22561- 22562/2017 & 22695-22697/2017 KASHISH MITTAL ..... Petitioner Ms.Aakansha Nehra, Advocate.
versus CENTRAL BOARD OF SECONDARY EDUCATION & ANR.
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 Ms.Arunima Dwivedi, Advocate.
versus
UNION OF INDIA & ORS.
Mr.Anil Dabas, Advocate for R1/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 Mr.Ashish Verma, Advocate.
versus C B S E & ANR 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 Mr.Rabin Majumdar, Advocate.
versus CONTROLLER OF EXAMINATIONS ..... Respondent + W.P.(C) 5361/2017 & C.M.Nos.22663/2017, 22664/2017 SHRUTI GUPTA ..... Petitioner 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.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE YOGESH KHANNA
O R D E R
% 23.06.2017 Mr.Sanjay Jain, learned ASG today makes a statement that notwithstanding the fact that the policy for re-valuation of the answersheet stands withdrawn with effect from 2017 examinations, in the peculiar facts and circumstances pointed out by the petitioners, if any of the petitioners were to apply to CBSE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