GAJENDRA SHRIVASTAVA Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) THE petitioner, who appeared in High School Examination, 2003 and was awarded '0 mark' in Mathematics, has filed this petition for following directions :

(2.) THIS petition was filed on 28-8-2003 and notice was issued in this petition to the respondent on 15-9-2003. On behalf of the respondent, notice was accepted by Miss J. L. Iyer, who is Standing Counsel for respondent and reply was filed by the respondent on 9-12-2003.

(3.) FACTS of the case are that the petitioner who appeared in the High School Examination, 2003 was awarded '0 mark' in Mathematics. The petitioner applied for retotailing/revaluation of the answer-sheet in time on 28th June, 2003. The contention of the petitioner is that the petitioner is a meritorious student. He obtained 81 per cent distinction marks in 8th class, which is apparent from the perusal of mark-sheet of 8th class (Annexure P- 1 ). In 9th class, the petitioner also got 92 marks in mathematics and he was declared passed in 1st class and he stood second in the merit list of the class. In the High School Certificate Examination, 2003, petitioner in other subjects got first class marks, but was awarded '0 mark' in Mathematics with an opportunity to appear in Supplementary Examination. The petitioner contended in the petition that there is some mistake in the valuation or in tabulation in the marks of the petitioner and the petitioner's answer-sheet should be revalued or rechecked. In this regard, the petitioner deposited requisite fee Rs. 200/- vide Annexure P-4. It appears that till the filing of the petition, the respondent has not informed the petitioner, outcome of the prayer of the petitioner for retotalling or revaluation of the answer-sheet. The respondent on 9-12-2003 filed the reply in which it is pleaded that on the basis of the application (Annexure R-2), dated 28-6-2003 when the answer sheet of the petitioner was checked, it revealed that the petitioner got 71 marks while in the mark-sheet he has been awarded '0 mark1. The aforesaid note-sheet was written on 14-7-2003 and it was approved by the concerned on 16-7-2003 but the revised result was declared on 7-9-2003 as is apparent from the perusal of document dated 7-9-2003. It is also stated by the respondent that one Alok Holkar who committed such lapse was deprived of all remuneration work by the respondent. In the reply, it is also stated that valuation of the petitioner's answer book was done on 8-4-2003 at Indore and the marks obtained by the petitioner were forwarded to the Board in the prescribed format. This valuation report contains details of marks obtained by the petitioner alongwith counter signatures of the Deputy Head Valuer and Head Valuer/supervisor. Photocopy of the tabulation sheet is produced on record as Annexure R-l. The respondent also produced original answer book of the petitioner for the perusal of the Court on 4-11-2003 and it revealed that the petitioner got 71 marks in the subject and the aforesaid marks were duly written on the front page of the answer-sheet where tabulation of all marks was made.