DEVASYA AGARWAL (MINOR) THROUGH ASHISH AGARWAL v. CENTRAL BOARD OF SECONDARY EDUCATION THROUGH CHAIRMAN & ORS.
W.P.(C)/8965/2026 · 2026-07-10
Jasmeet Singh
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 11549 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11549 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8965/2026 & CM APPL. 41991/2026 DEVASYA AGARWAL (MINOR) THROUGH ASHISH AGARWAL .....Petitioner Through: Mr. Shahzeb Ahmed, Mr. Adeel Ahmad Khan, Advs. with petitioner-in-person versus CENTRAL BOARD OF SECONDARY EDUCATION THROUGH CHAIRMAN & ORS. .....Respondents Through: Ms. Manisha Singh, ASC for CBSE CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 10.07.2026 CM APPL. 41992/2026 Allowed subject to all just exceptions. The application stands disposed of. W.P.(C) 8965/2026
1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:
“i) Issue a Writ, Order or Direction in the nature of Mandamus directing the Respondents to (a) correctly account, in the Petitioner's total marks in Physics (Subject Code 042) (Roll No. 14604452, School Code 85008), the 1.5 marks awarded by the Examiner on the Petitioner's answer to Question No. 20, which stand erroneously posted against This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 15:54:40
Question No. 2l(OR) in the On-Screen Marking system and stand consequently excluded from totalling, the Petitioner's answer to Question No. 20 having been evaluated and marked but recorded as "Not Attempted"; (b) award 0.5 marks for the Petitioner's answer to Question No. 24(i) in terms of the Respondents' own Marking Scheme, the Petitioner's answer "1 nm to 1 pm / I 0-9 m to I 0-12 m" being scientifically identical to the accepted answer "1 nm to 10-3 nm"; and ( c) consequently issue a corrected statement of marks reflecting 60 marks out of 70 in theory and a corrected total of 90 marks in Physics (Subject Code 042), within such time as this Hon'ble Court may fix, having regard to the Petitioner's timebound conditional offer of admission; and ii) Declare that the failure of the Respondents to correct the aforesaid errors despite verification, re-evaluation and repeated representations is arbitrary and violative of Article 14 of the Constitution of India, being contrary to the Respondents' own Marking Scheme and evaluation instructions; and…”
2. For the reasons stated in the petition, issue notice. 3. Ms. Singh, learned additional standing counsel accepts notice on behalf of the respondent Nos. 1, 2 and 3. 4.
There is nobody appearing on behalf of the respondent No. 4, however, in view of urgency the matter is taken up for hearing. 5. The brief facts of the case are that the petitioner was a Class-XII This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 15:54:40
student and he appeared for the Class-XII Board Examinations conducted by the Central Board of Secondary Education (CBSE) i.e., the respondent Nos. 1 to 3, the result of the same was declared on 13.05.2026 wherein the petitioner obtained 88 marks in his Physics examination. 6. The petitioner applied for receiving his answer script for the Physics examination and found some discrepancies in evaluation of his answer sheet for the said examination. 7. In view of the discrepancies, the petitioner applied for re-evaluation of his Physics answer script and sought revaluation of Question Nos. 18ii, 19, 24i, 24ii, and 31aOR. For Question No. 20, the petitioner had only applied for marking of Question No. 20 as the same had not been marked. 8. In accordance with the request of the petitioner, the respondent Nos. 1 to 3/CBSE re-evaluated the answer sheet and the petitioner was again awarded 88 marks. The petitioner then again addressed multiple communications to the respondent Nos. 1-3/CBSE raising his grievances but to no avail. 9. As the petitioner has obtained admission at Imperial College London, United Kingdom in Civil Engineering Course (MEng 4 YFT) at South Kensington Campus and the conditional offer for admission is coupled with a condition precedent of the petitioner having secured at least 90% marks in his Class-XII Physics examination. Hence, the present petition has been filed. 10. Ms. Manisha Singh, learned additional standing counsel appearing on behalf of the respondent Nos. 1-3/CBSE, has handed over a status This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 15:54:40
report pertaining to the re-evaluation process.
The relevant portions of the status report read as under:
11. I have heard arguments of the learned counsels on behalf of the parties and perused the documents placed on record. 12. A perusal of the re-evaluation status report shows that the petitioner for Question No. 20, did not ask for re-evaluation but only for marking of Question No. 20. 13. I have seen the answer sheet for Question No. 20 and a perusal of the same shows that the respondent Nos. 1-3/CBSE has not awarded any marks for Question No. 20 to the petitioner. 14. A perusal of the answer sheet further shows that the petitioner has obtained 1.5 marks in Question No. 20. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 15:54:40
15. In this view of the matter, the petitioner’s score is required to be and shall be increased by 1.5 marks over the score obtained by the petitioner. 16. The petitioner, who appears in person, states that he has not yet collected the original marksheet and hence, the new marksheet after making the aforesaid corrections, shall be duly issued to the petitioner within a period of 1 week from today
17. With these directions, the petition is disposed of along with pending applications, if any. 18. Dasti. JASMEET SINGH, J JULY 10, 2026/sp This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 15:54:40