CBSE Can't Reduce Marks In Subject Not Sought For Re-Evaluation: Gauhati High Court

The Gauhati High Court has 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.

Justice Nelson Sailo observed, “...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. Besides, 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. Therefore, 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,” Justice Sailo added.

The case arose from the CBSE Secondary School Examination, 2025, in which the petitioner's son appeared in five subjects, including Science and Mathematics Basic. The student failed in Science, having secured 13 marks in theory and 18 marks in internal assessment, totalling 31 marks, against the required pass mark of 33. Aggrieved, the petitioner applied online for verification and re-evaluation only in respect of Science.

The Court noted that upon verification, the online status showed “mistake communicated”. Subsequently, the result of verification showed that the theory marks in Science were increased from 13 to 15, and the student was awarded grade D2 in Science.

However, the Court noted that after downloading the revised marksheet, the petitioner found that the student was now shown as having failed in Mathematics, with 13 marks in theory and 18 in internal assessment, totalling 31, whereas earlier he had been shown to have passed in Mathematics. This, according to the petitioner, was despite the fact that no application for re-evaluation had been made in Mathematics.

The petitioner contended that while marks had been added in Science after re-evaluation, the CBSE had deducted marks from Mathematics, which was wholly beyond the scope of the re-evaluation application.

The Court noted that after downloading the revised marksheet, the student was shown as having failed in Mathematics, despite having earlier passed the subject, even though no application for re-evaluation had been made in Mathematics.

CBSE contended that the student was entitled to only two grace marks in total, and since grace marks had earlier been awarded in Mathematics, those grace marks were subsequently adjusted in Science after re-evaluation. CBSE sought to justify the deduction of marks from Mathematics on this basis.

The Court disposed of the writ petition by issuing a direction to CBSE, “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.”

Case Title: Bijoy Kumar Biswakarma v The Central Board of Secondary Education & Ors

Case Number: WP(C)/5536/2025

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