KADIWALA BHARATKUMAR JAMIYATRAM Vs. CHAUHAN SHRI ASSISTANT SECRETARY GUJARAT SECONDARY EDUCATION BOARD GANDHINAGAR

JUDGEMENT

(1.) The petitioner Kadiwala Bharatkumar Jamiyatram of Sagrampura Surat has filed this Special Civil Application to obtain a direction to the Gujarat Secondary Education Board for the production of his answer-book of the Gujarati Paper of XIIth Standard Examination held in May 1986 for the purpose of verification of the marks and for a further declaration of his passing in the said examination if that be the result of verification.

(2.) The petitioner Candidate No. G. 171838 appeared at the XIIth Standard Examination in a general stream. His results were declared on 22 and he was declared failed. His marks-sheet showed that he failed in Gujarati subject having secured only 18 marks out of 100 marks. A copy of his marks-sheet is produced at Annexure A to the petition.

(3.) On the next day after knowing his result he applied for rechecking of his mark in Gujarati subject. A copy of the receipt of the fees for rechecking is at Annexure D to the petition. The petitioner avers that the respondent did not reply within 21 days and he therefore sent a reminder-letter dated 29-11-1986 requesting the respondent to intimate to him early the result of verification. Since he did not receive a reply to this reminder also on 11-12-1986 accompanied by one Manish Saorathia he called upon the Assistant Secretary of the respondent-Board Shri Chauhan to inquire about his application. Shri Chauhan called two concerned persons from his office and told the petitioner to return to him about an hour later When he did so Shri Chauhan told the petitioner that he will receive the reply within a week. The petitioner however did not hear from Shri Chauhan for a period of about 20 days and therefore on 6-1-1987 the petitioner accompanied one Shri Bhupendra Gajjar again called on Shri Chauhan. Shri Chauhan again called two persons and also called; for the answer-paper of the petitioner. The petitioner avers that in has presence the verification with the answer-paper was made and it was found that he has secured 48 marks and not 18 marks. Shri Chauhan assured the petitioner that the mistake would be corrected and the petitioner would be informed in writing within two or three days. To the utter surprise of the petitioner however he received a letter dated 6-1-1987 from the Examination Secretary of the Board informing him that no change was required in the marks obtained by the petitioner and that marks assigned to him were proper. A copy of the said letter dated 6-1-1987 is at Annexure C to the petition. Having been aggrieved by the aforesaid letter received from the Examination Secretary of the respondent-Board the petitioner has filed the present petition.