U.P. Intermediate Education Act | No Provision To Re-Evaluate Answer Sheets On Presumption Of Students Scoring Higher Marks: Allahabad HC
Recently, the Allahabad High Court has held that there is no provision under the U.P. Intermediate Education Act, 1921 for re-evaluation of answer sheets based on the students presumption that he/ she would get a higher score if re-evaluation is done.
Petitioner appeared in Intermediate examinations. Being unsatisfied with the marks, she applied for scrutiny in Hindi and Biology papers. Upon seeing the answer-sheets, petitioner was sure that she would have scored higher in the subjects and accordingly, moved a representation before the Regional Secretary of the Board.
The representation was rejected on grounds that such re-evaluation was not permitted under Chapter 12 Rule 21 (ड़) of the U.P. Intermediate Education Act, 1921. Against this rejection, petitioner approached the High Court.
The Court relied on Re. Ran Vijay Singh and others Vs. State of U.P. and others, where the Apex Court held that scrutiny and re-evaluation must be permitted if the State or regulation provides for it, however, if the same is not provided then the Court may permit the same in rare and exceptional cases. It also held that the Court must not evaluate or re-evaluate as it does not have the expertise. Answer key mist be presumed to be correct by the Court, it was held.
Chapter 12 Rule 21 (ड़) of the U.P. Intermediate Education Act, 1921 related to scrutiny on answer sheets.
Upon its perusal, Justice Vivek Saran held that
“In view of the statutory provision under Chapter 12 Rule 21 (ड़) as noted above, no such order for reevaluation of answer-sheets only on the strength of presumption drawn by the petitioner that she has been accorded lesser marks can be granted and the authority passing the order impugned dated 9.9.2025 cannot be faulted.”
Accordingly, the writ petition was dismissed.
Case Title: Faaiz Qamar v. State Of U.P. And 3 Others [WRIT - C No. - 42054 of 2025]