E-Paper
No re-check of answer sheets on presumption of higher marks: Allahabad HC
In the present case, Faaiz Qamar appeared in intermediate examinations and, dissatisfied with the marks, applied for scrutiny in Hindi and Biology papers. After viewing the answer sheets, Qamar believed higher scores were deserved and submitted a representation to the regional secretary, Madhyamik Siksha Parishad, regional office, Meerut.
The Allahabad high court has ruled that the UP Intermediate Education Act, 1921, does not allow re-evaluation of answer sheets based on a student’s presumption that re-evaluation would yield higher marks.
In the present case, Faaiz Qamar appeared in intermediate examinations and, dissatisfied with the marks, applied for scrutiny in Hindi and Biology papers. After viewing the answer sheets, Qamar believed higher scores were deserved and submitted a representation to the regional secretary, Madhyamik Siksha Parishad, regional office, Meerut.
The representation was rejected on the grounds that such re-evaluation was not permitted under Chapter 12 Rule 21 of the Uttar Pradesh Intermediate Education Act, 1921. Qamar then approached the high court through a writ petition.
The court referred to the case of Re. Ran Vijay Singh and others Vs State of UP 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 not provided, the court may permit it only in rare and exceptional cases. The apex court had also held that courts must not evaluate or re-evaluate, as they lack the expertise, and the answer key must be presumed correct.
After reviewing Chapter 12 Rule 21 of the UP Intermediate Education Act, 1921, Justice Vivek Saran observed that no order for re-evaluation based solely on the petitioner’s presumption of receiving lesser marks could be granted. The authority’s order dated September 9, 2025, could not be faulted, the court held.
The high court dismissed Qamar’s writ petition on December 15.
