MADHYAMIK SHIKSHA MANDAL Vs. SHUBHA

JUDGEMENT

(1.) Heard . This writ appeal under section 2(1) of the Madhya Pradesh Uchch Nyayalay (Khand Nyaypeeth ko Appeal) Adhiniyam, 2005 has been filed by the appellant against the order dated 30.08.2013 passed in W.P. No.9751/2012 by the learned Single Judge of this Court whereby, the learned Single Judge has directed revaluation of the marks obtained by the respondent in her Political Science paper subject to deposit of sum of Rs.5000/ - in the office of the respondent within two months. The relevant portion of the order is reproduced here as under: - Keeping in view submission made by the counsel for the petitioner and also keeping in view the mark -sheet it can safely be said that the petitioner is a brilliant girl, who secured 352 marks out of 400 in all the subjects except political science in which petitioner secured 60 marks out of 100. Percentage of marks which the petitioner secured in other subjects is 88% but including political science it is reduced to 82%. Keeping in view the allegations made and answer -sheet of political science, petition is disposed of with a short direction that upon production of copy of the order passed by this Court today alongwith copy of representation, the competent authority shall get the answer book re -examined/retotalled by tow experts of the Subject. Petitioner is also directed to deposit a sum of Rs.5000/ - in the office of respondents. Needful be done within two months. With the aforesaid, petition stands disposed of. It is submitted on behalf of the appellant that this order is not sustainable in law for the reason that the regulation framed by the Board of Secondary Education, Madhya Pradesh, there is no provision for directing revaluation. Reference has been made to the Rule 119/1, which reads as under: -

(2.) It is matter of record that the appellant did not file reply to the aforesaid writ petition so as to question the averments made by the respondents with respect to the veracity of the marking done in her case.

(3.) In this context, we may refer to the decision rendered in the case of Board of Secondary Education, Madhya Pradesh Bhopal v. Rajeev Gupta, (L.P.A. No.295/2001) decided on 26.2.2004, whereby the Division Bench has held as under: -