Rajasthan HC Orders Evaluation Of Class 10 General Student's Answer Sheet Wrongly Given Question Paper Meant For Special Needs Children

While hearing a petition by a Class 10^th Student who was given a wrong question social science question paper by the invigilator, the Rajasthan High Court directed the evaluation of the student's answer sheet treating her as a general/ordinary student observing that she should not suffer due to the invigilator's mistake.

Justice Anoop Kumar Dhand was hearing a plea by a general category student who was appearing for her board examination conducted by the Rajasthan Board for Secondary Education. In the paper of social sciences, she was provided with a wrong question paper meant for Children with Special Needs (CWSN). It was only when 15 minutes were left that the invigilator realised his mistake and provided her with the correct question paper meant for general students. But it was not possible for the petitioner to attempt the entire question paper when only 15 minutes were remaining

Apprehending that adequate marks would not be provided to her, the petition was filed praying that the State be either directed to evaluate the answer sheet based on the question paper supplied or fresh examination be conducted for her. 

On the contrary, it was submitted on behalf of the State that it was written in bold letters on the question paper that it was for CWSN, despite which the petitioner ignored it and attempted it. No complaint was made till the time the examination was over.

When the fact was brought to the notice of the Administration of the Examination Centre, the Superintendent admitted the mistake of the invigilator, and an enquiry was conducted. When the mistake was found, a show cause notice was issued to the invigilator for appropriate action being taken against him.

It was suggested by the counsel for the State that since the CNWS paper was easier than the paper for general students, if it was agreeable to the petitioner, her answer sheet could be evaluated without being influenced by the fact that she belonged to the general category. The same was also agreeable to the petitioner.

However, after hearing the contentions, the Court said:

"In the considered opinion of this Court, students should not suffer due to the mistake on the part of Invigilator/Examiner or any administrative oversights. For the fault, mistake and negligence of the Invigilator or School Administration, the students, like the petitioner, cannot be blamed. If the answers of the petitioner, while attempting the question paper meant for CWSN students are not checked by the respondents, by treating her a general/ordinary students, then the entire academic year of the petitioner would go waste and it would have a costing effect on her future, career and endeavours in the field of academics. This error has occurred due to fault mistake and negligence of the Invigilator, which has caused great hardship to the petitioner but such mistake or fault on the part of Invigilator cannot be allowed to result in miscarriage of justice to the petitioner for no fault of her own". 

To protect the academic interest of the petitioner and to ensure that the erring staff realized their mistake and appropriate measures were taken by the school management to prevent such negligence in future, the Court made the following directions:

1. Evaluating the petitioner's answer sheet treating her as a general student.
2. Awarding adequate marks to her based on performance in the CWSN question paper without being influenced of her general category.
3. Declaring petitioner's result while treating her as a general student.

Accordingly, the petition was disposed of.

Title: Varshita Kanwar v State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 172

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