D SUVANKAR Vs. PRESIDENT, BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) The petitioner has sought for a direction to the opp. parties for scrutinizing his examination papers by the same four examiners of the Annual H.S.C. Examination, 2004 to determine his rank in the first ten students as he secured more than the cut-off mark 682 out of 750.

(2.) The petitioner appeared in the H.S.C. Annual Examination in 2004 conducted by the Board of Secondary Education Orissa with the Roll No. 23SA061. The result was published on 25.6.2004 and he was shocked to find out that he secured only 654 marks out of 750. The petitioner ventilated has grievance approaching the opp. party No. 1 on 25.6.2004 and 28.6.2004 mentioning his dissatisfaction of the marks awarded, i.e., 654 as per Annexure-4. The representation of the petitioner was considered by the opp. party No. 1 and the petitioner was awarded 65 marks in SSH (Paper-I) instead of 35. Accordingly, the revised mark sheet was supplied to him on 7.7.2004 raising his total mark to 684 in place 654.

(3.) The opp. parties had followed the method to find out the top ranking ten students by scrutinising answer papers of 100 students of HSC Examination, 2004 who had secured highest mark chronologically, the cut off mark being 682. At the time of scrutiny, the petitioner's mark sheet was showing 654 and was not qualifying to the zone of considerations as the mark was much below the cut-off mark, i.e., 682 in aggregate. SI. No. 10, the best student in order of merit in the Annual H.S.C. Examination, 2004 was found to have secured 698 marks. It is averred by the petitioner that to find out the first ranking ten students the orders for scrutiny was issued under Annexure-11. The instructions of the opp. parties was, to examine the papers of hundred students by three examiners. It is only in case of difference of 5 marks awarded by the three examiners, it has to be examined by the 4th examiner. Thereafter the petitioner's father made another representation (Annexure-13) before the opp. party No. 3 with a request to revalue and scrutinize the petitioner's papers in awarding him rank within top ten students of H.S.C. Examination, 2004 to which the opp. parties expressed their inability. Hence, the petitioner has approached the extraordinary jurisdiction of this Court with the above indicated prayer.