Darsh Jain S/O Atin Jain Through His Father / Natural Guardian Atin Jain S/O Parasmal Jain vs Union Of India Through The Chief / Principal Secretary Ministry Of Education

NEUTRAL CITATION NO. 2026:MPHC-IND:30981
1 WP-34339-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
nd
ON THE 2 OF NOVEMBER, 2026
WRIT PETITION No. 34339 of 2026
CNR No.: MPHC020334562026
DARSH JAIN S/O ATIN JAIN THROUGH HIS FATHER / NATURAL
GUARDIAN ATIN JAIN S/O PARASMAL JAIN
Versus
UNION OF INDIA THROUGH THE CHIEF / PRINCIPAL SECRETARY
MINISTRY OF EDUCATION AND OTHERS
Appearance:
Shri Siddharth Jain - Advocate for the petitioner.
Shri Akhil Godha, learned counsel for the respondent .
ORDER
1. Present petition has been filed under Article 226 of the
Constitution of India seeking following reliefs :
i) Issue an appropriate writ, order or direction, particularly a writ of
mandamus, directing the Respondent No.1-CBSE and Respondent No.2-
School to verify the original records, Internal Assessment marks and Roll
Number wise records of the Petitioner Darsh Jain S/o Atin Jain, Roll No.
19129897, and the other student Darsh Jain S/o Deepak Jain, Roll No.
19129932, and thereafter correct the admitted interchange. of their Internal
Assessment marks in the Petitioner’s CBSE Class X result for the year 2026,
by restoring/uploading the marks actually.awarded to the Petitioner as reflected
in the School’s original record, and to issue a revised/corrected mark-sheet and
result to the Petitioner accordingly; and further be pleased to quash/set aside
the rejection communicated by Respondent No.1 vide e-mail dated 07.05.2026,
insofar as it refuses correction despite the School’s own admission of the
clerical/interchange error, and pass any other order or direction which this
Hon’ble Court may deem just, proper and necessary in the facts and
circumstances of the case, in the interest of justice.
2. Heard counsel for the petitioner as also the respondent.
Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 03-11-2026
15:19:39

NEUTRAL CITATION NO. 2026:MPHC-IND:30981
2 WP-34339-2026
3. Counsel for the petitioner has drawn my attention towards the

various correspondences and documents available on record including the
mark-sheet of the present petitioner, whose name is Darsh Jain, his father
name is Atin Jain and his mother name is Archan Jain. He has further
submitted that one student having similar name i.e. Darsh Jain, father name-
Deepak Jain and mother name- Sonali Jain, is also studying in the same
school and has appeared in same examination, It seems that due to the
mistake committed on the part of the Authorities, who are conducting the
examination, either by the school / respondent no. 3 or by the Board /
respondent no. 2. The mistake is committing in mentioning the marks of
student. The actual internal assessment marks [ Annexure-P/2]are as under :
VIDYODAYA INTERNATIONAL SCHOOL, MANAWAR
Actual Internal Assessment Marks
Student's details Internal Assessment Marks
English
LNG
&LIT
(184)
HINDI
Course
- B
(085)
Name
of the
Student
Social
Science
(087)
Information
Technology
(402)
Roll
SN
Father's
name
Maths
(041/241)
Science
(086)
Number
01 DARSH
19129897

ATIN
20 20 20 20 20 50
JAIN
JAIN
DARSH
02 19129932
DEEPAK
19 18 18 18 18 47
JAIN
JAIN
whereby it seems that the internal assessment marks have been
accidentally interchanged with another student for the same school, where
the petitioner was studying. Vidyodiya International School, Manawar,
District - Dhar has also approached to the Regional Office, CBSE Board by
communication dated 27/06/2026, whereby it is specifically mentioned that
the marks are interchanged.
4. Per-contra, learned counsel for the respondent / Board has
Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 03-11-2026
15:19:39

NEUTRAL CITATION NO. 2026:MPHC-IND:30981
3 WP-34339-2026
opposed the same by submitting that the school is required to be followed

SOP and subsequent to the timeline prescribed in SOP and no furt5.her
change or correction can be made by the Board.
5. Considering the submissions made at the bar and also considering
the fact that it is an undisputed fact that the internal assessment marks of the
present petitioner have interchanged with the student of similar name and
considering the fact that the petitioner cannot be considered at fault in any
manner. It can be either lacuna on the part of the school or mistake
committed by the Board and no responsibility cannot be attributed to the
petitioner for such marks, which are incorrectly mentioning the result. When
the CBSE Board is a registered society registered under the Societies Act and
is discharging public duty and is required to be performed its duty in the best
interest of beneficiaries of such procedure, more particularly, the Board is
taking carte of interest of the examination system for the students with the
co-ordination of concerned school. The Board cannot escape from its liability
by taking hyper technical or rigid view in such matter, where the future of
student is at stake, that too, without any fault on his part. The Board is duty
bound to correct the result of student, when the school has also confirmed
that there is mistake committed accidentally in mentioning of the internal
assessment marks of both the students, who are having similar name and
their marks are interchanged, therefore, this is a fit case, where the Court
should exercise its power under Article 226 of the Constitution of India to do
substantial justice and also to prevent misuse of provisions or rules of
concerned Authority like CBSE Board. Since the action of the Board can be
Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 03-11-2026
15:19:39

NEUTRAL CITATION NO. 2026:MPHC-IND:30981
4 WP-34339-2026
considered as arbitrary, unjust and improper and not in accordance with law,

it requires to be interfered by allowing the prayer/s made in para-8 of the
present petition which is reproduced as under :
"8. Relief prayed for:-
It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be
pleased to:
"issue an appropriate writ, order or direction, particularly a writ of mandamus,
directing the Respondent No.1-CBSE and Respondent No.2-School to verify
the original records, Internal Assessment marks and Roll Number wise records
of the Petitioner Darsh Jain S/o Atin Jain, Roll No. 19129897, and the other
student Darsh Jain S/o Deepak Jain, Roll No. 19129932, and thereafter correct
the admitted interchange. of their Internal Assessment marks in the Petitioner’s
CBSE Class X result for the year 2026, by restoring/uploading the marks
actually.awarded to the Petitioner as reflected in the School’s original record,
and to issue a revised/corrected mark-sheet and result to the Petitioner
accordingly; and further be pleased to quash/set aside the rejection
communicated by Respondent No.1 vide e-mail dated 07.05.2026, insofar as it
refuses correction despite the School’s own admission of the
clerical/interchange error, and pass any other order or direction which this
Hon’ble Court may deem just, proper and necessary in the facts and
circumstances of the case, in the interest of justice.
6. Now, in view of this order, let the respondent / C.B.S.E. Board
may do needful and complete the formalities for issuing new marks-sheet to
the petitioner within a period of 10 days from the date of receipt of certified
copy of this order.
7. In light of the aforesaid, present petition is disposed of.
CC as per rules.
(SANDEEP N. BHATT)
JUDGE
amol

Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 03-11-2026
15:19:39