DILARA PARVIN ALI Vs. SECRETARY, CBSE AND ORS.

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, the Petitioner seeks directions to direct the Respondents to re -evaluate the answer sheets of the Petitioner who had appeared in All India PMT/PDT Entrance Examination 2011 held on 3rd April, 2011 and upon re -evaluation of the answer sheets declare the Petitioner to have qualified for the final examination after making necessary corrections in her result.

(2.) MR . Sanyal, learned Counsel for the Petitioner very forcefully submits that here is a case of a student who comes from a very small city of West Bengal having confidence that she must have scored not less than 647 marks out of the total marks of 800 in the said examination. Counsel submits that the evaluation of the answer sheets is carried through machine gradable and the result of the students can vary due to some technical snag in the said mechanical process. Counsel also submits that Rule 13.1 of the Prospectus is not only vague but is unilateral and without any rationale. Counsel further submits that the Petitioner has a legal right to at least ask for re -evaluation of her answer sheets as a student is legitimately expected to know that her answer sheets have been fairly inspected. Counsel further submits that if the answer sheets of the Petitioner are not re -evaluated then the Petitioner will suffer great prejudice of losing one precious academic year.

(3.) I have heard learned Counsel for the parties.