|Posted on September 4, 2010 at 2:45 PM|
The Allahabad high court has set aside decision taken by the CBSE rejecting application of a Class X student for verification of marks on ground that application did not reach the board within 21 days of declaration of results on Internet
Brief facts of the above writ petition filed by one Roopal Mishra were that the application for verification of marks obtained by the petitioner in the examination had been rejected as it was received in the office of the board beyond time.
According to HN Pandey, counsel for the respondent CBSE Board, the result of the candidates, who appeared in Class-X, was declared on May 21 on internet disclosing the marks of each and every candidate. As per rule the last date for submission of application for verification of marks was June 10. According to the petitioner, he had received the mark sheet and verification form on June 16 and on the same day it was dispatched, but the application had been rejected on the ground that it had been sent after 21 days.
Pandey took a plea that 21 days will be counted from the date of declaration of result on internet, as every student is having the facility of internet or he can see the result in Cyber Cafe.
After hearing the above arguments, the Court observed that India being a poor country and 80% of its citizens do not have facility of internet and computers. Some students, who are studying in villages do not have knowledge regarding computer and internet, therefore, the argument that if it is published on the Internet, a presumption under the law will be that every appeared student would be having knowledge of the declared result as well as that of awarded marks as displayed on the internet.
So rejection of application was set aside