CBSE Cannot Alter Marks In Subjects Not Covered By Re-Evaluation Application, Gauhati High Court
Sanchayita Lahkar
The Gauhati High Court Single Bench of Justice Nelson Sailo held that while re-evaluating a student's answer sheet in a subject for which an application is made, the CBSE cannot alter marks in another subject that was not sought to be re-evaluated, and that marks already awarded in such other subjects cannot be changed without a corresponding application. Directing the CBSE to conduct a fresh re-evaluation confined strictly to the Science paper, the Court restored the originally awarded marksheet as the operative document, to be modified only to the extent of any changes arising from the Science re - evaluation.
The petitioner's son appeared for the Secondary School Examination, 2025 in five subjects — English (Language and Literature), Hindi Course-B, Mathematics Basic, Science and Social Science. Upon receiving the marksheet, the petitioner found that his son had failed in Science with a total of 31 marks, falling short of the passing mark of 33. The petitioner subsequently applied for re-evaluation of the Science paper through the online process permissible under CBSE guidelines.
Following re-evaluation, the Science theory marks were revised upward and the student was declared passed in Science. However, the revised marksheet reflected that the student had now failed in Mathematics, a subject in which he had previously been declared passed.
The petitioner contended that the application for re-evaluation was limited to the Science subject and that no request had been made for re-evaluation of Mathematics. The CBSE, in its affidavit-in-opposition, justified the change on the ground that grace marks, as per board policy, are awarded only in the subject where minimum marks are needed to pass, and accordingly the grace marks initially awarded in Mathematics were reallocated to Science.
The court noted the communication sent to the petitioner's son on 25.06.2025 and observed that "as per the communication sent to the son of the petitioner on 25.06.2025 (Annexure-7), the revised marks upon reevaluation in the Science subject in theory paper was 15 marks compared to 13 marks which he had scored earlier. Accordingly he was declared to have passed and graded as D2."
The court further recorded that "there is no indication that two marks given to him were in the form of grace marks." On this basis, the court stated that the position taken by CBSE in the counter affidavit could not be accepted.
The court also observed that "when the son of the petitioner had applied for reevaluation in the Science paper as per the relevant guidelines, it is not understood as to why, while making such reevaluation, marks have been deducted from the Mathematics paper."
Additionally, the court recorded that "as already stated in the Communication dated 25.06.2025 by which the student was communicated about the deduction of the mistake in the allotment of marks in Science paper, there is no indication to show that 13 marks given to him earlier has been upgraded to 15 marks by giving him two extra grace marks."
The court concluded its reasoning by stating that "the marks already given to the petitioner's son in respect of Mathematics cannot be changed in the manner that has been done without any application for reevaluation of marks in the Mathematics paper."
The Court directed: "This Court finds it fit to direct the respondent Nos. 1, 2 and 3 to reevaluate the marks given to the petitioner's son in respect of Science subject without making any changes in the Mathematics paper for which no application was submitted for reevaluation within a period of one month from the date of receipt of a certified copy of the order."
"The original marks allotted to the petitioner's son as per Annexure-3 would be the accepted mark-sheet which however would be subject to any changes that may be required to be done in respect of the Science subject after the reevaluation is carried out as directed hereinabove. With the above observations and directions, the writ petition stands disposed of."
Advocates Representing the Parties
For the Petitioner: Mr. P. Hazarika, Mr. H.S. Borah, Ms. B. Thakuria
For the Respondents: Ms. R. Bora, Standing Counsel, CBSE, Mr. P.K. Saharia, Ms. K. Das, Mr. N. Sharma.
Case Title: Bijoy Kumar Biswakarma v. The Central Board of Secondary Education and Others
Neutral Citation: 2026: GAU-AS:1351
Case Number: WP(C)/5536/2025
Bench: Justice Nelson Sailo
