Examination System Doesn't Permit For Students To Be Penalised For Poor Handwriting: Delhi HC

Can a student be penalised for poor handwriting in exams?

A law student of Delhi University recently approached the Delhi High Court after failing his competition law paper due to the examiner noting that his handwriting was barely readable.

Thereafter, he approached the University to seek re-evaluation of the paper, he was informed that re-evaluation of papers for professional courses at Delhi University is impermissible only re-totalling is permitted.

Subsequently, a writ petition was filed before the Delhi High Court challenging the stance of the Delhi University.

The court allowed the Writ Petition noting that if the handwriting of a student is readable and he has failed only on account of his handwriting, then the student's paper has not been evaluated in the first instance altogether and he is entitled to seek evaluation of his Answer Sheet. The Court noted that the restriction on re-evaluation by Delhi University would not apply as the student is seeking evaluation on the first instance.

It however added that if the court finds the handwriting of a student to be completely unintelligible, it must necessarily refuse relief.

Placing reliance in a similar case, Ishaan Kumar vs University of Delhi, which involved an identical situation, the  Delhi High Court had allowed the petitioner to submit a typed transcript of his answer sheet to the concerned examiner and requested the examiner to evaluate the answer sheet based on the typed transcript. Liberty was, however, reserved with the examiner to satisfy herself, or himself, that the typed transcript corresponded to the handwritten answer sheet.  The examiner, in that case, very fairly, evaluated the answer sheet based on the typed transcript and, therefore, this Court was able to close the writ petition by order dated 19 March 2024.

The Court said that the petitioner is permitted to provide a typed transcript of his answer sheet to the University within the stipulated time. The typed transcript shall be placed before the examiner who initially checked the petitioner’s Competition Law paper. The examiner is requested to evaluate the petitioner’s answer sheet based on the typed transcript, provided she, or he, is satisfied that the transcript corresponds exactly to the handwritten answer sheet

Mr. Rohan Taneja appeared and argued on behalf of the Petitioner.

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