SUMAN PANIGRAHI Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) This writ application has been filed with a prayer to direct opp. Parties to pay compensation to the petitioner to the tune of Rs.5 lakhs for mental agony/shock, harassment and loss of one valuable academic year caused to him.

(2.) Petitioner's case in a nutshell is that the petitioner belongs to a very poor family and prosecutes his study from a little source of income of his father, who is a small farmer. He has a strong will to do something in future after graduation and to lead a dignified life in the society. He appeared in the Annual High School Certificate Examination, 2013 held on scheduled dates in Panchayat High School, Betada in all subjects. The results of annual H.S.C. Examination, 2013 were published on 30.4.2013 in the website of the Board of Secondary Education, Odisha. From the said website the petitioner came to know that he has been declared as 'fail' and 06 marks have been awarded to him in mathematics paper. He further found that in total he has secured 412 marks out of 600 marks. Soon after knowing result from the website of the Board of Secondary Education, Odisha, the petitioner on 3.5.2013 deposited a sum of Rs.260/- for rechecking of Mathematics paper and supply of Xerox copy of the same. Since no result was communicated to the petitioner immediately, he approached this Court on 14.05.2013 in W.P.(C) No. 11556 of 2013. During pendency of the said writ petition, a revised mark sheet was issued by the opp. Parties which was received by the petitioner on 19.06.2013 enhancing his mark in Mathematics answer script from 06 to 89 and declaring the petitioner to have passed in 1st Division. Since the result of re-addition of marks was communicated to the petitioner, this Court disposed of the earlier writ petition inter alia with the observation that so far the prayer made in the writ petition, nothing remained to be decided. Thereafter, the present writ petition is filed claiming compensation of Rs.5 lakhs for mental agony, shock, harassment meted out to the petitioner and loss of one valuable academic year caused to him.

(3.) Mr. Nayak, learned counsel appearing on behalf of the petitioner submitted that the action of opp. Parties declaring the result of the petitioner as 'fail' is illegal, arbitrary and contrary to law in view of the fact that as per the opp. Parties' own admission, the petitioner secured 89 marks and passed in 1st Division, but it was published in the website that he secured 06 marks in Mathematics and had failed. The opp. Parties in their counter affidavit have never stated/explained any reason of their negligence in publishing the wrong result. The fresh mark sheet issued by the opp. Parties was received by the petitioner on 19.6.2013 after expiry of the last date fixed for submitting application for higher studies. As per the revised mark sheet, which was issued after rechecking, the petitioner got 1st Division in H.S.C. Examination, 2013 securing 495 marks out of 600, i.e., 82.5% and became eligible to take admission in a good College of the State for prosecuting higher studies. For the wrong committed by the opp. Parties, he could not take admission in a better College as a result of which, the petitioner would either be deprived of getting admission in a good College or lose one valuable academic year of his career. After knowing the result from the website that he was declared failed by the opp. Parties, the petitioner was very much perturbed mentally and might have committed suicide, if his parents and friends would not have given him mental courage. The petitioner so also his parents were made to suffer harassment and humiliation in the society for the negligent and illegal act of opposite parties for which they are vicariously liable to adequately compensate the petitioner and his family members for the sufferings and mental agony caused to them. The near and dear or the society could not compensate the said loss in any manner. Thus, it was submitted that opposite parties are liable to pay compensation to the petitioner for their negligent and illegal action. Concluding his argument, Mr. Nayak prayed for compensation of Rs.5 lakhs to the petitioner.