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Synopsis

The Delhi High Court has ruled that once a school uploads a student's internal assessment marks on the website of the Central Board of Secondary Education (CBSE), it cannot request corrections, even in cases of errors.

The court stated that allowing schools to rectify errors after uploading marks could lead to chaos, with the CBSE compelled to conduct independent verifications for each case.

The bench of Justice C. Hari Shankar issued the order on January 5, stating, "Utter chaos would result if schools were permitted to commit errors while uploading students’ marks on the website of the CBSE and thereafter, call upon the CBSE to correct the marks awarded at their end."

The court added that it would be "debatable" if the CBSE could announce final results in such cases.

The single-judge bench made the observations while dismissing a plea from a student studying at a school in Muscat, Oman, affiliated with the CBSE. The student and her father sought direction from the high court to compel the CBSE to correct her internal assessment marks in Social Studies for Class 10 during the academic year 2019-2020.

In July 2020, the school informed the CBSE of an error in uploading internal assessment marks for seven students, including the petitioner, and requested corrections. However, the CBSE, in its response in August 2020, cited its circulars from January 30, 2020, and November 8, 2019, stating that no changes would be allowed once marks were uploaded.

The court, after examining the CBSE's circulars, noted that the board's stance was clear that no corrections in internal assessment marks would be permitted once uploaded.

“Para 8 of the Circular dated 8 November 2019 specifically stipulates, in the matter of the marks relating to internal assessment in Classes X and XII, that no request from the school stating that wrong marks have been uploaded, would be entertained once the marks already stood uploaded on the CBSE’s website. The marks once uploaded would be treated as final for preparing the result of the CBSE”, it held.

The bench said that this restriction was in the "public interest" and emphasized that schools should exercise caution while uploading marks.

While expressing empathy for the student, the court regretted its inability to intervene, citing the CBSE's firm stance in its circulars. “This Court once again empathises with Miloni, it regrets its inability to come to her aid”, it said.

The petitioner's counsel argued against subjecting the student to prejudice due to the school's error, highlighting the acknowledgment of the mistake by the school.

Despite the acknowledgment, the court said that the CBSE's rigid stance was justified, citing the public interest and the need for schools to be cautious during the uploading process.

“The proscription, in my considered opinion, is eminently in public interest. Schools in India, as well as abroad, are affiliated to the CBSE. Utter chaos would result if schools were permitted to commit errors while uploading students’ marks on the website of the CBSE and thereafter, call upon the CBSE to correct the marks awarded at their end. The CBSE would also not be in a position to blindly accept such requests, and would, if this practice were to be allowed, have to conduct independent verifications in each such case to ascertain the actual marks which the candidate had been awarded,” the court said.

Case Title: Nilkanth Das and Ors. v. CBSE and Ors.