GIRISH CHANDRA KAR Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) THE petitioner appeared in the Annual H.S.C. Examination, 2008 conducted by the Board of Secondary Education, Orissa as a regular candidate from the Police High School, Puri Center. Upon the results being published, he found that he has secured 749 marks out of the total marks of 800 and has been placed in first division. The petitioner stated that he was a brilliant student and has earned many accolades. He has also stated that he secured very high marks in the pretest and test examinations conducted by the School and expected that he will secure much higher marks than 749 as has been awarded to him. He applied for rechecking of marks in the Second Language English (SLE), Compulsory Mathematics (CMT), Compulsory Science Papers (CSC -I & CSC -II) Social Sciences (SSC -I & SSC -II), Optional Mathematics (OMT) and Optional Science Papers (OSC -I & OSC -II). Finding that the Board of Secondary Education, Orissa in such applications in a stereo type reply to all candidates is intimating that there is no change of marks on rechecking and re -addition of marks, has approached this Court apprehending that there may be mistakes in tabulation of marks or evaluation of the additional sheets used by him in the aforementioned papers or answers not valued at all.

(2.) IT may be noted here that the regulations of the Board of Secondary Education do not provide for reevaluation of answer sheets. A counter affidavit has been filed by the Board of Secondary Education, Orissa stating that the answer papers of the petitioner will be checked up by the committee to be constituted for rechecking such answer papers and the petitioner will be duly informed within the stipulated period regarding result of such rechecking and, therefore, the writ petition is premature and should be dismissed.

(3.) A rejoinder affidavit has been filed by the petitioner to the counter affidavit filed on behalf of the Board of Secondary Education, that the Board has no authority to reevaluate the answer scripts of the petitioner by a committee and in the case of Board of Secondary Education V. Pravas Ranjan Panda and another, 2004 13 SCC 383, the Supreme Court though referred to the case of Bismaya Mohanty v. Board of Secondary Education, Orissa, 1996 1 OrissaLR 134, but set aside the order of this Court. There, this Court directed the Board to scrutinize and recheck the answer scripts of all the examinees securing 90% and above marks in aggregate in H.S.C. Examination, 2003 in the manner directed in Para -11 of Bismaya Mohanty's case and if there is any change or variance of marks, the petitioner shall be informed accordingly within a period of six weeks from the date of communication of the said order.