Central Board of Secondary Education cannot pose any restriction in revaluation of theory subjects on it’s own

Punjab and Haryana High Court: Allowing the Writ petition in which the petitioner had challenged the notice passed by the Central Board of Secondary Education against revaluation of the theory paper of Physical Education, the bench of Amit Rawal, J; held that there is no rationale behind prohibiting the revaluation of the theory paper of Physical Education and instructed the respondents to consider the request of the petitioner.

The Court relied upon judgment rendered by Delhi High Court in Samarth Mittal v. Union of India and others, 2015(6) AD (Delhi) 498, and said that such notice has already been held to be void in law and directed the CBSE board to conduct revaluation of theory paper of Physical Education as per bye-laws. The Court further held that as the bye-laws do not promulgate any restriction with regard to the revaluation of the subject aforementioned, therefore, CBSE cannot on its own put fetter restricted qua one paper, permitting in others.  Hence, quashing the notice under challenge, the Court  directed the CBSE to conduct revaluation as sought for and publish results within two weeks. [Shaurya Gulati v. Central Board of Secondary Education; 2016 SCC OnLine P&H 4260; decided on 13th June, 2016]

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