LAWS(P&H)-2016-8-191

SALONI SHARMA Vs. UNION OF INDIA AND OTHERS

Decided On August 04, 2016
Saloni Sharma Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner seeks the quashing of the Clause 2 of the Notice dated 24.05.2016 (Annexure P-2), whereby the Board has provided a staggered method of applying for (i) verification of marks, (ii) obtaining photocopies of evaluated answer books and (iii) re-evaluation.

(2.) It is the case of the petitioner that the result of the verification was only declared on 07.06.2016, whereas Board has held out that it was declared on 06.06.2016 itself, which was the last date for obtaining the photocopies of the evaluated answer books. On account of this late declaration her right to apply for the photocopies was taken away and she would only have applied if the result of verification of marks was not in her favour. Only after the photocopies were available with the petitioner, she would be able to go for third step for re-evaluation, as per the notice.

(3.) The purpose is but obvious that the person is able to scrutinize his answer books and then have the option for applying for reevaluation, after noticing the fault which is apparent on the face of the answer books, which might have been committed by the examiner. It is, thus, the case of the petitioner that on account of the declaration of the result on 06/07.06.2016 of verification of marks, she could not apply for the second step and, thus, has challenged the clause. Counsel for the respondent-Board has tried to justify that the petitioner is bound by the terms of the notice and had as such taken steps under step (i) of verification of marks and cannot now turn around to challenge the said process.