Delhi HC Upholds Student’s Right to Full Marks in Examiner’s Disputed Answer Case

Delhi HC Upholds Pupil’s Proper to Full Marks in Examiner’s Disputed Reply Case

New Delhi: The Delhi Excessive Courtroom has mentioned {that a} pupil must be awarded full marks if the examiner fails to correctly point out an accurate reply, even after putting a tick mark. Justice C. Hari Shankar mentioned the results of an examiner’s lapse shouldn’t influence the coed, sustaining that the coed deserves the advantage of the doubt.

The courtroom clarified that, no matter any errors made by the examiner, so long as the reply sheet doesn’t explicitly label the response as incorrect, the coed ought to obtain the allotted marks for the query. Justice Shankar mentioned “the coed can’t be made to endure”, stating the significance of guaranteeing college students will not be penalised for an  examiner’s oversight.

The ruling got here because the courtroom granted full marks to a pupil in a Class 12 Board Examination’s Geography paper. The scholar had argued that the examiner had positioned two tick marks in opposition to her reply, justifying her declare for full marks. The Central Board of Secondary Schooling (CBSE) contested this, citing the absence of a mark within the margin. Dismissing CBSE’s argument, the courtroom harassed the examiner’s authority in figuring out the correctness of a solution.

The courtroom mentioned that if the reply is right, the coed is entitled to marks, additional asserting that if no marks beneath the utmost have been assigned, the coed ought to obtain the total marks. Justice Shankar concluded the judgement by directing CBSE to subject a corrected mark sheet to the coed, including 5 marks for the disputed query.


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