N S SUDHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, presented by a student, who has failed in the Pre-University examination conducted by the Board of Pre-University Education of this State, the following two questions arise for consideration -

(2.) The facts of the case, in brief, are as follows: The petitioner, who is a minor and who has presented this writ petition through her father and next friend, was a student of II Year P.U.C. during the academic year 1983-84. She appeared for the II Year P.U.C. examination conducted in April 1984. She secured in all 320 marks out of 600 which works out to 53.6 per cent. In the optional groups consisting of Physics, Chemistry, Mathmatics and Biology, she secured 188 marks out of 400 which works out to 47 per cent. However, she failed in the examination for the reason, she secured only 26 marks in Biology theory consisting of Botany and Zoology, the maximum marks for each of these papers was 45. The petitioner thereafter sought for re-totalling the marks for which a provision has been made in the regulars of the Board of Pre-University ('the Board' for short). Thereafter she presented this writ petition.

(3.) When the matter came up before the Court on 13.7.1984, the answer scripts of the petitioner were produced. On an examination of the answer scripts, it was found that the petitioner had secured 16 marks in Botany and 3 marks in Zoology and there was no mistake in the totalling of the marks. When the answer scripts so produced before the Court, were also made available to the learned counsel for the petitioner and the petitioner, an additional statement was filed stating that the valuation made by the concerned valuers were patently wrong.