ASISH KUMAR SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel for the School and Mass Education Department. The petitioner appeared in the Upper Primary Certificate Examination, 2007 -08. Though the petitioner expected more marks in the Science paper, Drawing and Geography paper, but was awarded marks lesser than his expectation. He made an application for supply of xerox copies of the answer scripts as well as for rechecking. The District Examination Committee initimated the petitioner with regard to the result of rechecking of his answer scripts in Drawing and Geography, where some marks were increased. But in case of Science paper, the petitioner was intimated that there is no change in the marks awarded. In paragraph -7 of the writ application, the petitioner has mentioned the marks, which should have been awarded to him but the same has not been awarded in the Science Paper.

(2.) A counter affidavit was previously filed by the opposite party Nos. 2 and 3 and an additional counter affidavit was thereafter filed by the opposite party No. 3 on 16.9.2008. In the additional counter affidavit, the opposite party No. 3 has annexed the Scheme of Valuation and in paragraphs 4 and 5 thereof, it has been admitted that as stated in paragraph -7 of the writ application, the petitioner is entitled to get 16 more marks in total with regard to question Nos. 1 to 7 of the Science Paper. However, with regard to question Nos. 9 and 10, it has been stated in the additional counter affidavit that since the said questions are not objective type questions and there is no suggested answers in the Scheme of Valuation for the said questions, the same cannot be revalued.

(3.) IN view of the above this is a fit case, where direction should be issued to revalue the answer given to question Nos. 9 and 10. The writ petition is, therefore, disposed of with a direction upon the opposite party No. 2 -Circle Inspector of Schools, Dhenkanal to cause revaluation of the answers given by the petitioner to question Nos. 9 and 10 in the Science Paper and as per the marks to be awarded by such revaluation, to correct the marks given to the petitioner in the Science Paper by adding the extra marks, which the petitioner is admittedly entitled to, i.e. 16 marks plus the extra marks which may be awarded in question Nos. 9 and 10. The entire exercise shall be done within a period of one month from the date of production of a certified copy of this order. After getting the question Nos. 9 and 10 revalued/reassessed, the correct mark -sheet shall be issued to the petitioner immediately. Urgent certified copy of this order be granted on proper application. Petition disposed of.