SASWAT BEJ Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, who is a candidate for National Rural Talent Search Examination, 2016 (for short "NRTC Examination, 2016"), files this application seeking for direction to opposite party no.2 to award one mark in respect of question no.12.

(2.) The epitome of fact leading to filing of this writ application, in a nutshell, is that the petitioner, after passing Class-VII from Mahamanab U.P. Vidyapitha, Kathiapada under Pattamundai Block, is now prosecuting his study in Class-VIII in M.N. High School, Pattamundai in the district of Kendrapara. The Board of Secondary Education, Odisha like every year conducted NRTC Examination, 2016 and syllabus for the examination according to the syllabus of Class-VII was designed by it. The petitioner, being selected to appear at the said examination, filled up the form under OBC/SEBC category. On consideration of his application, admit card was issued allotting roll number 04AC051. The petitioner appeared at the examination held on 24.09.2016 at (04AC) M.N. High School, Pattamundai. After the result was published, the petitioner was found to have secured 76 marks. After going through the marks secured by the petitioner, his father sought for the answer sheet under the Right to Information Act, which was supplied to him. On verification of such answer sheet, it was appeared that though the petitioner had answered question no.12 correctly by shading option "D" with black colour, no mark was awarded against said question, as according to model answer prepared by Board of Secondary Education, Odisha option "C" was the correct answer. As such, the petitioner has approached this Court by filing the present writ application.

(3.) Mr. A. Mishra, learned counsel for the petitioner strenuously urged before this Court that as per the text book prescribed for Class-VII by the Board of Secondary Education, Odisha, i.e., "Sahitya Sourava", option "D" is the correct answer to question no.12. If the authority has prescribed the syllabus for NRTC Examination, 2016 as per syllabus of Class-VII, it should not have subsequently denied the claim of the petitioner relying upon certain description made in the dictionary, which is contrary to the provisions of law.