IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 3310 of 2010. Decided on: 8th July, 2010. Sahil Chauhan. ….. Petitioner. Versus The Secretary, Regional Office, CBSE and another. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner : Ms. Suman Thakur, Advocate. For the Respondents : Mr. Harsh Aggarwal, Ms. Ritta Goswami and Mr. Aseem Aggarwal, Advocate. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) Prayer is for re-evaluation of the answer sheets of the petitioner in the CBSE Examination Class 12. According to the petitioner, he is a brilliant student. However, in Physics and Chemistry for theory he has been awarded only 7 and 5 marks, respectively as against 28 and 28 marks in the practical. He has secured 53 marks for Mathematics, 58 marks for English and 67 marks in the Physical Education. It is seen that the petitioner had applied for re-checking by paying an amount of Rs.200/-. The petitioner has been informed by Annexure R-2 of the reply that the marks have been verified and rechecked and that no mistake has been 2 detected. The petitioner submits that in the peculiar facts of the case, direction may be issued to re-evaluate the papers. As rightly submitted by the learned counsel appearing for the CBSE, the Bye-laws do not provide for re-evaluation. In fact, it is specifically provided in Clause 61 of the Bye- laws that “no re-evaluation of the answer book or supplementary books shall be done”. What is permitted is only verification for the purpose of checking whether the answers have been evaluated and to further verify whether there is any mistake in the totaling in the marks. In the case of the petitioner, it is seen from the reply that the said exercise as per the Bye-laws has been undertaken. It is stated in para 6 of the reply that the answer sheets of the petitioner were thoroughly re-checked and verified and that no mistake was detected. In the absence of any Bye-laws providing for re-evaluation, this Court will not be justified in issuing direction for re-evaluation, as held by the Supreme Court in Annexure R-1, judgment in Petition for Special Leave to Appeal (Civil) No. 17165/93 titled Central Board of Secondary Education and another vs. Parents forum for Meaningful Education and Ors. There is no merit in the writ petition and it is accordingly dismissed. (Justice Kurian Joseph), Chief Justice 8th July, 2010 ( Justice Kuldip Singh), (tr) Judge. 3