Saumitra Gigodia, the petitioner had moved the court with the contention that he was "dismayed to see that the official answer to question no. 172 of test booklet Y was incorrect" following which he "submitted a representation against the OMR grading on payment of Rs. 1,000".
Further getting no response from the CBSE, the petitioner filed an RTI application which "remained pending" following which he filed the petition "praying for a writ of mandamus commanding the respondents to take a decision on the challenge made by the petitioner" and "to award 05 marks to the petitioner for question no. 172".
"We find that question no. 172 in test booklet code Y could not be answered correctly by any candidate. We are, therefore, of the opinion that in the larger interest of administration the benefit should be extended not only to the petitioner but to all the candidates."
The court added in a recent PTI report, "The petitioner is entitled to be awarded 05 marks (04 marks for the question and 01 mark for minus marking). We also direct the CBSE to give appropriate marks to all the candidates in the like manner for question no. 172 and corresponding question given in other booklets".
Further, the Division Bench said, "Even though the petitioner had not claimed refund of the prescribed fee for challenging a key answer, since we find that the challenge made by the petitioner was correct we are of the opinion that the petitioner is entitled to a refund of Rs. 1,000. We accordingly issue a mandamus commanding the CBSE to refund Rs. 1,000 to the petitioner at the earliest."