GEETA RANI Vs. PSEB MOHALI

JUDGEMENT

(1.) GEETA Rani has filed the present petition under Articles 226/227 of the Constitution of India praying for a writ in the nature of Mandamus to declare the marks secured by her in the elective subject of Physical Education and Sports. It has been further prayed by the petitioner that direction be issued to the respondent for the issuance of a fresh mark sheet by adding the marks so secured by her in the elective subject of Physical Education as per the provisions of respondent -Board.

(2.) THE case set up by the petitioner is that she applied for appearing in Senior Secondary (12th) Examination conduced by the Board. She opted for elective subjects on 11.8.1997. The result of the petitioner was declared. She was shocked and surprised to note that she was placed in elective subject of Political Science instead of Physical Education for which she never opted. The memo pertaining to the Political Science paper showed that the petitioner appeared in the political science paper and the memo pertaining to the Physical Education paper showed that she did not appear in that paper. On 21.8.1997, the Centre Superintendent recommended for the correctness of the mark sheet of the petitioner. The father of the petitioner approached the respondent -Board for correctness. However, the petitioner was directed to appear personally. On 3.9.1997 the petitioner appeared in person but to no effect. In the meanwhile, in an attempt to save one year, the petitioner appeared in the compartment examination of Political Science. She was declared unsuccessful. The petitioner was surprised to find 60 marks out of total 100 marks in the elective subject of Physical Education and Sports. The petitioner issued a notice to the respondent but to no el feel. Hence, the petitioner filed a complaint under Section 12 of the Consumer Protection Act before the District Consumer Redressal Forum. Ferozepur, which was also dismissed as not maintainable on 15.6.1999. Left with no alternative, the present writ petition has been filed. Notice of the writ petition was given to the respondent -Board.

(3.) 1 have heard Mr. Sandeep Jasuja, Advocate, for the petitioner and Mr. Jasdeep Singh, Advocate, for the respondent and with their assistance I have gone through the record of the case.