LAWS(MPH)-2004-7-48

ASHISH GARG Vs. STATE OF M P

Decided On July 26, 2004
ASHISH GARG Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) IN this petition, petitioner has prayed for revaluation in the examination held in March, 2003. Petitioner has obtained in Hindi 75 marks out of 100, in English 38 out of 50, in Physics 50 out of 100, in Chemistry 63 out of 100 and in Biology 90 out of 100. Revaluation has been prayed in Physics and Chemistry. The facts have riot been pleaded in objective manner in the writ petition. What were the questions attempted, with the help of which text petitioner claims that he attempted the questions rightly and his answers were correct, no such details have been given. Writ petition is bereft of details. The only averment made is that as per the performance the petitioner was expecting better marks which is based on subjective satisfaction and ipse dixit of petitioner. Several lakhs of students appear in the examination. There is no provision in regulations framed by the Board. Board preserves the answer-sheets only for four months as per Regulation 119 (6) of the Regulations of the Board of Secondary Education Madhya Pradesh. Regulation 119 (6) is quoted below :-

(2.) THIS writ petition was filed belatedly in 2004. Results were declared in June, 2003. In the absence of power of revaluation, this Court can not direct revaluation as finality attached to examination conducted by the Board. Decision of this Court has been affirmed by a Division of this Court in Neha Indurkhya v. M. P. Board of Secondary Education, Bhopal, in 2003 (3) M. P. H. T. 311 (DB) = 2003 (3) MPLJ 368 in LPA, it has been held thus :-

(3.) IN Maharashtra State Board of Secondary and Higher Secondary Education and Anr. v. Paritosh Bhupesh Kumarsheth and Ors. , AIR 1984 SC 1543, it has been held by the Apex Court thus :-