SUNIL KUMAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) VINEET Saran, J. Heard learned Counsel for the petitioner as well as learned Standing Counsel appearing for the respondents. Despite time having been granted, no counter-affidavit has been filed. Today an affidavit has been filed by the respondents annexing therewith the enquiry report, which is being taken on record. In such circumstances, this writ petition has been heard and is being disposed of at this stage.

(2.) THE petitioner appeared in High School Examination 2004 and was declared pass with second division marks. In Science Papers I, II and III he was awarded 19, zero and 24 marks respectively and in Social Science Papers I and II he was awarded 30 and zero marks respectively. THE petitioner thereafter applied for scrutiny of Science Paper II and Social Science Paper II, in which he had been awarded zero marks. THE Assistant Secretary of the Board, by his letter dated 19-1-2005, communicated to the petitioner that after scrutiny there was no change in the marks awarded to him. Challenging the said order, this writ petition has been filed, with a further prayer that if the copies of the petitioner had been lost, then average marks be awarded.

(3.) ACCORDINGLY, this writ petition stands allowed with costs. The order dated 19-1-2005 passed by the respondent-Board is quashed and the corrected mark sheet after awarding average marks in the two papers in which the answer copies of the petitioner had been lost, be issued to the petitioner forthwith, if not already issued. It is directed that the Secretary, Madhyamik Shiksha Parishad, U. P. , Allahabad shall ensure that the cost of Rs. 50,000/-is paid to the petitioner by way of Bank draft through the College from where he had appeared in the High School Examination 2004, within one month from today. It is further provided that the respondent-Board shall be at liberty to recover the said cost from the persons/officials found guilty of the negligence of lossing the answer copies and further informing the petitioner that on scrutiny, there had been no change even when the copies were missing, but the same may be done only after giving adequate opportunity of hearing to the persons concerned. Petition allowed. .