KUMUD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This special appeal has been filed against the judgment and order of the learned Single Judge dated 20.12.2004 by which the writ petition of the appellant/petitioner has been dismissed for issuing direction to the respondents to recheek the answer book of the appellant/petitioner in presence of her representative and declare the final result accordingly.

(2.) The facts and circumstances giving rise to this appeal are that the appellant/petitioner appeared in the final examinations held in March 2004 by the Central Board of Secondary Education, hereinafter called "the Board". The result was declared in June 2004, wherein the appellant/petitioner could not pass the paper of Mathematics I and she could appear in the supplementary examination. The said supplementary examination was conducted on 30.7.2004, however she could not clear the said paper, when the result was declared on 20.8.2004.

(3.) Being aggrieved, appellant/ petitioner filed an application for rechecking of her Mathematics 1 paper depositing the requisite fee as required under the examination by-laws applicable in the case. However, vide communication dated 8.9.2004, the Board informed the appellant/ petitioner that on verification, marks in the subject of mathematics I were found to be correct. Being aggrieved, appellant/petitioner filed the Writ Petition No. 54275/2004 for issuing direction to recheek her answer book in presence of her representatives, which has been dismissed vide impugned judgment and order dated 20.12.2004, in view of the fact that there was no provision for re-evaluation of the answer book, therefore, the question of rechecking/re-evaluation in presence of the candidate or her representative could not arise. Hence this appeal.