MAHIMA VARWANDKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashment of clause 3 i) of the notice dated 24.5.2016 (Annexure-P/1) issued by respondent No.3 and for allowing of re-evaluation of the petitioner's answer sheet in the subject of Physical Education.

(2.) Facts of the case, as projected in the writ petition, are that the petitioner appeared in the Class-12th Examination from K.P.S. Krishnapuram, Raipur, affiliated to Central Board of Secondary Education (for short 'CBSE'), which was conducted in the month of March, 2016, the result whereof was declared on 21.5.2016. However, to her surprise, she was shown to have secured only 53 out of 70 marks in the question paper of Physical Education.

(3.) The petitioner intended to apply for re-evaluation, therefore, as per the procedure for re-evaluation, she obtained photocopy of the evaluated answer books and having matched it with the model answers, she found lapses in the evaluation causing loss to her. Since in the re-totalling there is only verification of marks without re-evaluation, the petitioner was noticed that no mistakes were found in the result. The petitioner could not even apply for re-evaluation because the said facility is not included in the list of subjects permitting re-evaluation as prescribed under clause 3 i) of the Notice (Annexure-P/1).