No scope of Re-evaluation of Answer Scripts of Examinations conducted by ICMAI: HC

The Kolkata High Court, in the matter of Pragaspathy R. Vs. The Institute of Cost Accountants of India, has issued an order that no scope of re-evaluation of answer scripts of examinations conducted by ICMAI.

The Official Order Stated:

In the year 2018, the petitioner appeared in Group-IV examination of Cost Accountancy. Group-IV examination consisted of four papers and he failed in three papers. The petitioner has filed this writ petitioner for re-evaluation of his answer scripts of said three papers.

By referring to the “suggested answers” issued by the Institute, it has been submitted by the petitioner that the answer scripts have not been properly evaluated despite giving correct answers.

It has been submitted by the learned advocate appearing for the Institute that there is no provision under The Cost and Works Accountants Regulations, 1959 for re-evaluation of the answer scripts.

Attention has been drawn to Regulation 41 (5) to suggest that a candidate may apply for the scrutiny of his answer scripts but there is no scope of re-evaluation of answer scripts under the Regulation.

Learned advocate for the Institute referrs to Paragraph 8 and 9 of the affidavit-in-opposition which read as follows:

“8. The study Materials and suggested answers that are supplied to the students are the indicative guidelines as to how the student shall study and how the answer shall be given, but it should not be construed that writing of same answers similar to that of suggested answers supplied shall help the students to score marks. The examination conducted is to test how extensive detailed studies with professional touch/approach have been made and how the students have mastered with the subject. The answer to the point indicated elaborate and detailed knowledge on the subject with specifical answer with appropriate examples is the way to score marks for which the Institute looks for in the Intermediate and Final Examination, as it grants finally the Professional Degree.

9. The students are all aware that there is no scope of re-evaluation and/or rechecking of any answer scripts of any examinations conducted by the Institute as per its regulations. The answer scripts are examined in nature of blending of correctness, to the point indicating elaborate and detailed knowledge on the subject being specific with appropriate examples having professional touch/approach. Mere vague answers which may apparently seem to be correct without proper particulars and back up reasoning cannot be considered as correct answer.”

Law is settled that in absence of any provision, the Writ Court should not normally pass any order for reevaluation of answer scripts unless its demonstrated that a candidate has not been given any marks against a correct answer. [See: (2019) 16 SCC 663 (High Court of Tripura Through The Registrar General Vs. Tirtha Sarathi Mukherjee ].

The limited scope for interfering with the evaluation of the answer scripts has not been demonstrated.

Accordingly, this writ petition being WPA 1514 of 2019 is not entertained and is dismissed accordingly.

For Official Judgment Download the PDF Given Below: