'Students cannot bear the consequences of examiner's mistake' : Delhi HC gives verdict on student's petition

'Students cannot bear the consequences of examiner's mistake' : Delhi HC gives verdict on student's petition

The Delhi High Court, in addressing a student's petition related to a geography question in the Class 12 board exam from March of the previous year, emphasized that if a student provides a correct answer to any question, they are entitled to receive marks for that response.

The court, presided over by Justice C Hari Shankar, directed the Central Board of Secondary Education (CBSE) to rectify the student's marksheet by awarding an additional five marks for the particular question in question.

The bench said if the examiner has not awarded any marks less than the maximum marks that can be awarded for that question, then the student is entitled to the maximum marks. The consequences of the examiner's mistake cannot be imposed on the student.

The bench said that even if there is an error in checking on the part of the examiner, unless the answer sheet makes clear the examiner's view that the answer is wrong, the benefit of doubt should be given to the student.

The bench said that the petitioner is entitled to get full marks for the answer given in question 27 of the geography paper in the Class 12 board examination held on March 2, 2023. It depends on the examiner to decide whether the answer to a question is right or wrong.

CBSE (Central Board of Secondary Education) cannot entertain appeals on the examiner's decision. The bench said that the student cannot be victimized if the examiner has been negligent in a particular case with regard to the manner in which he marked the answer sheet.

The petitioner said in his plea that the examiner had recorded two ticks against the answer to a question. In such a situation, she was entitled to get full marks for the answer. At the same time, CBSE argued that since the examiner had not put any marks in the margin along with the answer to the question, the board could not have given any marks in front of the answer.

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