PREM RATAN AGRAWAL Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) THE petitioner, a young man in his teens, has approached this Court for issue of a direction to the Board of Secondary Education (for brevity 'the Board') to take appropriate and suitable action against the person who had committed some mistakes and further to award Rs. 5 lakhs towards compensation for humiliation, mental shock and the loss sustained by the petitioner.

(2.) THE facts as have been exposited in the writ petition are that the petitioner was a regular student of Class XII of Pandit Lajja Shankar Jha Higher Secondary School, Jabalpur. He appeared in the Higher Secondary School Certificate Examination from the Centre No. 71012 in the months of March-April, 1999. The petitioner has narrated about the marks obtained by him in various subjects of his academic career to highlight that he is a meritorious student. The result of the examination was declared in the month of May, 1999. He was in puzzlement when he came to know that he had been declared failed in the subject of Physics as he was awarded 39 marks out of 100. In all other subjects he was awarded distinction and was placed in First Division. A copy of the mark-sheet has been brought on record as Annexure P-3. Being dissatisfied the petitioner applied for scrutiny of marks in the aforesaid subject by complying with the formalities. On the basis of the marks contained in Annexure P-3 he applied for taking admission in the Government Science College, Jabalpur but he was denied as his percentage fell short as the admission was closed at 79%. Being in this situation he suffered mental shock and was admitted in a hospital for treatment. When the matter stood thus, the Board in the month of October, 1999 informed the petitioner that he should deposit his old mark-sheet and collect a fresh mark-sheet of Class XII. In pursuance of the aforesaid letter he deposited his earlier mark-sheet and collected new mark-sheet from the Principal of the Government High Secondary School, Jabalpur in which he was awarded 70 marks out of 100 in place of 17 marks (Theory Paper) and was given distinction in all the subjects. Thus, he secured 365 marks out of 450 (above 81 % marks ). The revised mark-sheet has been brought on record as Annexure P-5.

(3.) ACCORDING to the writ petitioner he has actually secured 70 marks in the Theory Paper in Physics but was shown 17 marks and declared supplementary in that subject. Because of this action of the Board the petitioner has suffered immensely and there was enormous delay by the Board in giving the correct mark- sheet as a consequence of which he could not get admission in the College. It is setforth by him that he has suffered very severely and his entire career has been ruined. The petitioner hails from a very poor family and his one academic session has been lost due to obdurate attitude of the Board. It is urged in the petition that after obtaining rectified mark-sheet he approached the Principal of the Science College, Jabalpur but he was not admitted as by that time the date for admission was over. This created a turmoil and discomposure in his mind and he suffered from intolerable distress and mental shock and was totally excruciated. In this backdrop the petitioner has approached this Court for grant of compensation.