JUDGMENT : 1. This petition has been filed by a minor through his father and guardian for the relief that this Court may pass orders directing the respondents to re-evaluate his answer book of Biology subject for CBSE Class XII examination for the year 2017. The petitioner has received the following marks in CBSE Class XII examination for the year 2017: SUB. CODE SUBJECT MARKS OBTAINED TOTAL IN WORDS POSITIONAL GRADE THEORY PRACTICAL TOTAL 301 English Core 093 Xxx 093 Ninety Three A1 302 Hindi Core 098 xxx 098 Ninety Eight A1 042 Physics 063 030 093 Ninety Three A1 043 Chemistry 065 030 095 Ninety Five A1 044 Biology 049 030 079 Seventy Nine B2 2. Petitioner is not satisfied with the marks received by him in Biology subject, therefore, he has asked for re-evaluation, which was denied by the CBSE authorities. Aggrieved, the petitioner has filed the present writ petition. 3. At this stage, it must be stated at the very outset that there has been an obvious and careless mistake on the part of the CBSE authorities inasmuch 5 marks which ought to have been given to the petitioner were not awarded to him in the Biology subject. This mistake has come to light only after filing of the writ petition. This was a simple calculation mistake. However, subsequently, this mistake was rectified by the CBSE authorities and those 5 marks were added. His marks in Biology are now 84, and not 79 as awarded earlier. The question, however, remains for re-evaluation. 4. It has come on record that the Board i.e. CBSE had taken a policy decision in the year 2017 that no further re evaluation would be made for the year 2017. All the same, in a petition being Writ Petition No. W.P. (C) 5355/2017, filed before the Delhi High Court, following orders were passed on 23.06.2017: “1. Mr. 4. It has come on record that the Board i.e. CBSE had taken a policy decision in the year 2017 that no further re evaluation would be made for the year 2017. All the same, in a petition being Writ Petition No. W.P. (C) 5355/2017, filed before the Delhi High Court, following orders were passed on 23.06.2017: “1. Mr. Sanjay Jain, learned ASG today makes a statement that notwithstanding the fact that the policy for re-valuation of the answer-sheet stands withdrawn with effect from 2017 examinations, in the peculiar facts and circumstances pointed out by the petitioners, if any of the petitioners were to apply to CBSE with a grievance that a particular answer-sheet has not been evaluated as per the concerned marking scheme circulated to the Head Engineer in respect of major subjects, whereupon CBSE will scrutinise such answer-sheets and take appropriate remedial action, if required. He states that the concerned marking scheme shall be uploaded on the website of CBSE within a period of two working days. 2. Learned ASG further states that all such requests shall be considered by CBSE on ‘first come first serve basis’ i.e. those persons who have already applied for re-verification, their papers will be scrutinised on priority basis as per the marking scheme. 3. Mr. Sanjay Jain also states that CBSE will not act upon the undertakings given by the students to the effect that they cannot approach the Court on account of their having obtained photocopies of the answer-sheets. 4. The statement made by learned ASG is accepted by this Court ad the CBSE is held bound by the same. 5. However, this Court is of the view that the statement made by the learned ASG cannot be confined to the petitioners only or to those who have approached this Court. Consequently, the statement of learned ASG shall bind the CBSE with regard to those students as well, who have already applied with the similar grievance. 6. With the aforesaid observations, present writ petitions and applications stand disposed of. 7. Order dasti under the signatures of Court Master.” 5. A perusal of the aforesaid order would show that it was the stand taken by the CBSE before the Delhi High Court that they were prepared to re-evaluate the answer-sheet. But this was made applicable to such students who had applied for re-evaluation. 7. Order dasti under the signatures of Court Master.” 5. A perusal of the aforesaid order would show that it was the stand taken by the CBSE before the Delhi High Court that they were prepared to re-evaluate the answer-sheet. But this was made applicable to such students who had applied for re-evaluation. Pursuant to this order, however, it was made open to all the students to apply afresh. Therefore, according to the learned counsel for the CBSE, the CBSE had given a fresh advertisement asking application from all students from 01.07.2017 to 07.07.2017, if they are interested in reevaluation. 6. The case of the petitioner is that he could not ask for re-evaluation as inspite of request made by him, the answer book was not supplied to him. 7. The case of the CBSE, however, remains that had the petitioner made some efforts, he could have downloaded the answer book from the website of CBSE which was uploaded on 16.06.2017 itself. However, nothing has been shown on record by the learned counsel for the CBSE to strengthen his submission. 8. In the peculiar facts and circumstances of the case, where it is an admitted case that after filing the writ petition there has been an apparent mistake on the part of the CBSE has come to light where his 5 marks were not added to the total, it would only be just and fair if the reevaluation is also done particularly when this facility is available to similarly situated students for the year 2017. The case of the petitioner cannot be thrown away on a technicality. 9. In view thereof, writ petition succeeds. Respondents are directed to make a re-evaluation of the answer book of the petitioner for the Biology subject, for CBSE Class XII examination for the year 2017. Let the entire exercise be done by the CBSE before 30.04.2018.