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Central Board Of Secondary Education on its own Cannot Pose Any Restriction In Revaluation Of Theory Subjects

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In the case of Shaurya Gulati v. Central Board of Secondary Education, CWP No.12420 of 2016    decided by Hon’ble Punjab and Haryana High Court on 13 June 2016 presided by single judge bench of HON’BLE MR. JUSTICE AMIT RAWAL, the writ petition filed against the notification dated 24.05.2016 issued by CBSE  imposing restrictions over the revaluation of the theory paper of Physical Education was allowed. The aggrieved students moved to court and filled application for the relief. The High Court made its stand clear by quashing the notice issued by CBSE and directed the board to carry on with the revaluation of the paper and publish the result within two weeks time period. The High Court found no merit behind CBSE prohibiting revaluation of the theory paper of physical education while allowing the revaluation of the following subjects :- “English Core, English Elective (CBSE), English Elective (NCERT), Hindi Core, Hindi Elective, Mathematics, Physics, Chemistry, Biology, Business Studies, Economics & Accountancy”.

Hon’ble High Court relied upon the judgment rendered by Delhi High Court in Samarth Mittal v. Union of India and others, 2015(6) AD (Delhi) 498 in which the respective court said:- “once bye-laws do not envisage any restriction of revaluation, CBSE cannot on its own put fetter restricted qua one paper, permitting in others.” The Punjab And Haryana High Court paralleled its judgment with the said precedent in the above mentioned case  where a similar notice was declared to be void and CBSE was directed to conduct the revaluation.

In my view Judiciary with all its ability succeeded in providing justice to students by regulating self-autonomous education system in India which are under the direction of such boards. It is a right of the every student to get his result beyond all reasonable doubts. I cannot relate to the reason behind such prohibition over revaluation as revaluation adds transparency to the education system strengthening the faith of students in the evaluation process to which he or she is entitled to as much as he or she was entitled to give the paper.

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