SAGAR KUMAR SEN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner who has appeared in Class XII examination in the year 2010 conducted by respondent No.3 Board of Secondary Education has preferred this petition under Article 226 of the Constitution of India for a direction to the respondents to conduct practical examination of 'Physics' subject afresh through a Professor/Principal who is having degree in Physics and to declare the result afresh after suitably amending the merit list for the year 2010 or in the alternative to direct the respondents to give 5 more marks to each of the 'Physics" students of the year 2010 appeared from the school namely Government Thakur Dalganjan Singh Higher Secondary School, Phingeshwar, Tahsil and District Raipur.

(2.) THE facts of the case in nutshell are that the petitioner appeared in the Class XII Board Examination from the above stated school with subjects Hindi (special), English (general), Physics, Chemistry & Mathematics. He secured 469 marks, out of 500 in the said examination. After the examinations were over, the petitioner came to know that the Examiner who conducted the practical examination of 'physics' subject is in fact a teacher of Zoology in the Government Girls School, Rajim and therefore, she could not have been appointed as examiner in the 'physics' subject. According to the petitioner, because of the inability and incapacity of the said examiner to understand the subject properly, she did not allot such marks expected by the petitioner for which he is entitled and this imbroglio has caused irreparable loss to him. His representation dated 14.05.2010 and reminder sent on 06.07.2010 yielded no result and thus the present writ petition has been preferred.

(3.) BE that as it may, it is also to be kept in mind that the respondent Board has not taken due care while appointing the examiners for practical examination of 'physics' subject, in as much as, ordinarily, a teacher who is graduate with particular subject should be appointed as examiner in a particular subject. It is a matter of common knowledge that unless a person is regularly in touch with a particular subject, he may not recollect what was taught to him/her 15/20 years back when he had appeared in B.Sc., Part-I examination. The Board has not placed anything on record to prove that the examiner namely Lalitha Agrawal was imparting teaching to the students of Class XII in 'physics' subject.