Can a school's later acknowledgment of a mistake by itself alter CBSE's final record or set aside the University's admission condition?
Coram: Justice L.Victoria Gowri
A school's later acknowledgment of a mistake cannot by itself alter CBSE's final record or set aside the University's admission condition.
No. A school's later acknowledgment of a mistake cannot by itself alter CBSE's final record or set aside the University's admission condition. Under CBSE's published scheme the first five registered subjects are main subjects and the sixth is additional, and the mark statement reflects the List of Candidates submitted by the school. A signature on that list is relevant proof of verification but does not relieve the school of an error it acknowledges; nor does the acknowledgment make the signatures irrelevant, so both must be examined together. The University's condition that additional subjects shall not be counted for eligibility and ranking survives the acknowledgment.
Constitution of India — Art.226 — Education — CBSE Senior School Certificate Examination — Subject sequence in the List of Candidates — Sixth (additional) subject — Undergraduate admission — Error acknowledged by the school — Reasoned reconsideration — Education — Undergraduate admission — Rejection for ineligible subject group — Representation pointing to a school error — Held: The University was entitled to use the CBSE mark statement for initial screening, but once a specific representation identified a possible error in the school's entry and referred to the school's acknowledgment, a final decision on that representation required consideration of those materials. (¶26) Education — CBSE record — Correction of subject sequence — Effect of the school's acknowledgment — Held further: A later acknowledgment by the school cannot by itself alter CBSE's final record or set aside the University's published admission condition excluding additional subjects; both the contemporaneous records and the school's explanation must be examined together. P.C. Akash v. Registrar, Tamil Nadu Agricultural University, distinguished. (¶17, 27, 30, 31) Constitution of India — Art.226 — Relief — Direction to admit — Held further: The Court cannot order admission without an assessment of merit, course requirements and seat availability; the appropriate course is time-bound directions to the school, CBSE and the University. Writ petition disposed of. (¶32, 33, 39)
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