APHC010318492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 15888/2025 Between: 1.NEELAKANTAM BHANUTEJA, S/O NEELAKANTAM BABU, AGED 17 YEARS, OCC STUDENT, BEING MINOR, REP BY HIS FATHER NEELAKANTAM BABU, S/O SUBBA RAMAYYA, AGED ABOUT 48 YEARS, OCC AGRICULTURIST, R/O ARDHAMALA VILLAGE, PELLAKURU MANDAL, TIRUPATHI DISTRICT. ...PETITIONER AND 1.UNION OF INDIA, REP BY ITS SECRETARY, MINISTRY OF EDUCATION, ROOM NO.24C, SASTRY BHAVAN, NEW DELHI. 2.THE CENTRAL BOARD OF SECONDARY EDUCATION, REP BY ITS CHAIRMAN, SHIKSHA KENDRA - 2, COMMUNITY CENTRE, PREETHI VIHAR, DELHI. 3.THE CENTRAL BOARD OF SECONDARY EDUCATION, REP BY ITS REGIONAL OFFICER, 2ND AND 3RD FLOORS, STALIN CENTRAL, M. G. ROAD (BESIDE FLOTEL MANORAMA), GOVERNOR PET, VIJAYAWADA, ANDHRA PRADESH - 520002 4.JOINT SEAT ALLOCATION AUTHORITY JOSAA2025, REP BY ITS CHAIRMAN UNDER THE ORGANISING INSTITUTE FOR JEE (ADVANCED) - 2025, INDIAN INSTITUTE OF TECHNOLOGY, KANPUR, UTTAR PRADESH. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1.SREENIVAS CHALLA Counsel for the Respondent(S): 1.T D PANI KUMAR 2.PELLETI RAJESH KUMAR (CENTRAL GOVERNMENT COUNSEL) 3.PELLETI RAJESH KUMAR 3 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 15888 OF 2025 Heard Sri P. Veera Reddy, learned Senior Counsel assisted by Sri Sreenivas Challa, learned Counsel for the Writ Petitioner, Sri T.D. Phani Kumar, learned Standing Counsel for Respondent Nos.2 & 3 and Sri Pelleti Rajesh Kumar, learned Central Government Counsel appearing for the Respondent No.1 and Ld. Standing Counsel for the JEE Advanced and Joint Seat Allocation Authority (JOSAA-2025) appearing for the Respondent No.4. 2. The present Writ Petition is filed seeking the following relief: “Hence, the Petitioner prays that this Hon’ble Court may be pleased to issue Writ, order or directions more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents No.2 and 3 not award the marks for the corrected answers in response to questions Nos.28, 37 and 38 in Mathematics, Subject Code No.041, Paper Code:65/5/l of XII Grade CBSE appeared during 2024-2025 academic year as illegal, arbitrary and contrary to the Key and Valuation Points issued by the respondent No 2 and in violation of Articles 14, 21 of the Constitution of India and consequently direct the respondents No.2 and 3 to award marks against the answers for the questions No.28, 37 and 38 in Mathematics, Subject Code No 041, Paper Code 65/5/l of 12thGrade CBSE appeared during 2024-2025 academic year forthwith and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 3. Sri P.Veera Reddy, Ld. Senior Counsel representing the Writ Petitioner submits that the Writ Petitioner (Being minor, represented through his father) had appeared in the Class-XII examination conducted by the Central Board of Secondary Education (CBSC); that the Writ Petitioner had secured 74.5% aggregate in the Class-XII CBSC examination; that in Mathematics paper, the Writ Petitioner has secured 36 marks out of 80 marks in the theory; that the Writ Petitioner had appeared in Joint Entrance Examination (JEE) and had secured a rank, thereby, entitling him for a seat in Indian Institute of Technology (IIT), Bhuvaneshwar; that the eligibility criteria for the IIT is that a 4 candidate, would have to secure 75% aggregate marks in the Class-XII examination; whereas, the Writ Petitioner has secured 74.5% in aggregate, thereby, having fallen deficit of 0.5% marks so as to get the admission into IIT. 4. Ld. 4. Ld. Senior Counsel would submit that the Writ Petitioner has secured 56 marks in Mathematics and upon verification, to the surprise of the Writ Petitioner, he came to know that he secured only 36 marks out of 80 marks in theory in Mathematics paper; that subsequently, the Writ Petitioner has made an Application on 21.05.2025 for getting a Photocopy of the Answer Sheets in three subjects which includes Mathematics paper; that the Respondents had supplied Photocopies of the answer sheets of the Petitioner in three subjects as sought for; that it was noticed by the Writ Petitioner that the evaluation by the CBSC was inappropriate for question Nos. 28, 37 and 38 in the Mathematics subject; that the Writ Petitioner had applied for re-verification, for which, the Respondent Nos. 2 and 3 had responded through online on 15.06.2025 and stated ‘that there is no change in the marks after verification’; and that the Writ Petitioner had once again submitted a detailed Representation on 24.06.2025 requesting the Respondent No.3 to re-verify the Mathematics paper and award marks for correct answers against the Question Nos. 28, 37 and 38. 5. Ld. Senior Counsel has drawn the attention of this Court to the Marking Scheme, 2025 issued by the CBSC, wherein, certain General Instructions were provided along with the correct answers for each question which were meant to be used by the Examiners at the time of evaluation of the Answer Scripts of the students; and that the Writ Petitioner has produced the Marking Scheme in relation to the Mathematics subject (Ex.P5). 6. Ld. Senior Counsel has taken this Court through the relevant answers given by the Writ Petitioner for the question Nos. 28, 37 and 38 in the Mathematics paper and had also taken this Court through the Examination Scheme, 2025 and the workout (steps) and the answers that were provided to the Examiners by the CBSC for the purpose of guidance. 5 7. Ld. Counsel for the Respondents contended that the Writ Petitioner has only applied for re-verification, in which, marks awarded already are re-verified. He would also contended that the Writ Petitioner did not apply for re- evaluation within the scheduled time fixed by the CBSC i.e., on or before 10.06.2025 and that the Writ Petitioner had approached the CBSC Board for re-evaluation only on 24.06.2025. Since this Court has noticed that the marks for certain steps were not awarded for the above mentioned questions, vide Order dated 01.07.2025, this Court had directed the Respondent Nos. 2 and 3 to re-evaluate the Mathematics paper of the Writ Petitioner as expeditiously as possible, on payment of the fee prescribed by the CBSC Board, and communicate the outcome as indicated above. 8. When this Writ Petition was again listed on 20.08.2025, the Report was submitted by the CBSC Board indicating that there is only an increase of ‘half’ (1/2) mark. Whereas, the Writ Petitioner contended that even in the re- evaluation, the Respondents did not evaluate properly. Consequently, in order to rule-out any doubt, this Court had directed the CBSC Board on 20.08.2025 to once again re-consider the issue afresh and submit a Report in a sealed cover. On 22.08.2025 the Respondents had submitted a Report in a Sealed Cover. The relevant portion of the Report is usefully extracted hereunder: (1) The photocopy of the candidate's answer script already supplied to the petitioner was taken for re-evaluation. The Marking Scheme 2025 for Mathematics (Code: 041) was applied step-by-step. The answers of the candidate were examined independently by the subject expert and compared with the marks originally awarded. (a) Question No. 28:- The candidate did not attempt as per marking scheme so as to award step-wise marking. Since, the solution given by the student is completely wrong, hence no marks was awarded. 6 (b) Question No. 37:- The candidate did only part (i) and (ii) correctly and accordingly awarded 1 mark for part (i) and 1 (2 x ½) mark for part (ii). Part (ii) is completely incorrect, so no mark for that. Hence a total of 02 marks awarded for answer to this question 37. (c) Question No. 38:- The applicant has not provided calculation for probability while solving part (i) of question 38, hence zero marks for part (i). For part (ii), the solution is correct 02 marks affirmed by re-evaluator team. (2) There might be when original evaluation was done the evaluator has initially allotted 1 and ½ marks and ½ mark against the question number 38 which was later on cancelled. Therefore, only 02 marks were carry forwarded in the grand total for the subject mathematics for question number 38. (3) Upon recounting, it was noticed that the candidate's total in Mathematics is 37 marks instead of 36 marks earlier recorded.” 9. After having considered the contents of the Report, which is extracted herein above, this Court has in fact considered the remarks given in the above extract in juxtaposition with the Photocopy of the Answer Script of the Writ Petitioner and also the Marking Scheme, 2025 where the answers were provided. Having perused the same, this Court is of the opinion that the decision rendered by the CBSC Board cannot be faulted inasmuch as the Court cannot substitute its own understanding with that of the opinion rendered by the subject experts. As the Writ Petitioner was losing admission in IIT, Bhubaneswar on account of shortage of half percent (1/2 %), inasmuch as the distance between the cup and the lip is too narrow, this Court has thought it appropriate to show indulgence to closely monitor the re-evaluation. This Court had issued directions to the CBSC Board on two occasions, 7 wherein, the CBSC Board has also responded by getting the same re-evaluated and has rendered an opinion, which is extracted hereinabove. 10. Having considered the facts, this Court is of the opinion that no further indulgence can be shown although it is the misfortune of the Writ Petitioner that he had lost admission in IIT, Bhubaneswar due to shortage of half percentage of mark in XII Class (CBSC). In other words, he got 74.5% instead of securing 75%. In this view of the matter, there is no merit in the Writ Petition, and thereby, is liable to be dismissed. 11. Accordingly, this Writ Petition is dismissed. No order as to costs. 12. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 23.09.2025 MNR 8 188 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.15888 OF 2025 Dt: 23.09.2025 MNR