Introduction:

The Delhi High Court, in a recent ruling, asserted a student’s right to full marks even if the examiner fails to duly mark a correct answer, emphasizing that the consequence of an examiner’s lapse should not impact the student. This precedent was set while awarding full marks to a Class XII student whose examiner had omitted marking alongside a correct answer despite placing tick marks.

Arguments of Both Sides:

The student argued that the tick marks indicated the correctness of the answer, warranting full marks. The CBSE contended that without a mark in the margin, no marks could be awarded. The court addressed the dilemma of the student suffering due to the examiner’s lapse, emphasizing that the student should benefit unless the examiner explicitly marks the answer as incorrect.

Court’s Judgment:

Justice C Hari Shankar ruled in favor of the student, asserting that the examiner’s failure to mark the answer’s correctness should not penalize the student. The court held that the CBSE cannot question the examiner’s decision, and if an answer is correct, the student deserves full marks. The court directed CBSE to issue a corrected mark sheet to the student, acknowledging her entitlement to full marks.