MOTIBHAI P BHAGAT Vs. GUJARAT SECONDARY EDUCATION BOARD

JUDGEMENT

(1.) This Writ Petition is filed by minor Robinson Motibhai Bhagal through his father and natural guardian Motibhai P. Bhagat, and prayer has been made for issuance of directions to the respondents to investigate the matter of giving him lesser marks than what he expected in the subject of English in the SSC examination in which he appeared in the year 1994. The result of the said examination was declared on 5th June, 1994, and the petitioner was declared failed therein. The petitioner stated that he has secured good marks in all the subjects except English in which the Board has given him only 18 marks. Application has been made to the respondent Board to the effect that the marks awarded by the Board to htm in English paper are not in consonance with the expectation of the examinee. Request has been made for rechecking of the answer book of English. This application of the pettioneri has stated to be not replied by the Board. On approaching the concerned school by the petitioner, the school has also written to the respondent board that the petitioner is a bright student of the school and the Board would have committed mistake by showing lesser marks in the mark sheet pertaining to the subject of English. The Board has, after rechecking all the answer books of the petitioner of English subject, under its letter dated 23rd September, 1994 informed him that the marks as shown in the marks sheet is the correct marks, secured by the petitioner in English paper.

(2.) Taking into consideration the observation of the school as contained in the letter dated 4.2.1995, the counsel for the petitioner contended that the answer book of the petitioner was misplaced by the respondent Board and as such exemplary cost has to be awarded. This is the only submission made by the counsel for the petitioner. On the, other hand the counsel for the respondent contended that the 18 marks have been given to the petitioner as per the examiner. It is not the case where 18 marks were given to the petitioner without examining the answer book of the English paper. The answer books of the petitioner were available to the examiner as well as the moderators, and there is no error in awarding the marks and consequently question of awarding exemplary cost in this case to the petitioner.

(3.) Though the petitioner's counsel may take liberty to make any submission but only submissions which are raised in the special civil application are available to him to raise during the course of his arguments. The counsel for the petitioner cannot make any submission which does not find place in the special civil application. After going through the special civil appk'cation I find that the petitioner firstly made grievance that he applied for rechecking of his answer book of English subject and that application has not been replied. But this grievance of the petitioner is not well founded, as in the Writ Petition itself the petitioner has admitted that the Board vide its reply dated 23.9.1994 intimated to the petitioner that there is no change in the marks secured by him in the English subject.