APURAV CHANDEL Vs. STATE OF H P

JUDGEMENT

(1.) By means of this Writ Petition the petitioner has challenged the validity of Clause 13.2.10 of the Himachal Pradesh Board of School Education Regulations, relating to Re-evaluation framed by the respondent No. 2-H.P. Board of School Education insofar as the Regulations deny the benefit of the marks obtained in Re-evaluation for the purpose of drawing up the merit list and for grant of scholarship/awards/freeship/medals etc. The said Regulation reads as follows :

(2.) The petitioner has also prayed that on the basis of the marks awarded to him in re- evaluation he should be declared to have topped the matriculation examination held in April/May, 2006 and he may, therefore, be granted all other benefits being the topper of the said examination.

(3.) The facts leading to the filing of the present petition are that the petitioner appeared in the matriculation examination under Roll No. 306999. This examination was held in March, 2006 and was conducted by the Board of School Education, Himachal Pradesh. The result of the examination was declared and the petitioner was awarded 647 marks out of 700. He was ranked 7th in the merit list. The respondent No. 4 was declared to have topped the said examination as she had been awarded 654 marks out of 700. The petitioner, not satisfied with the marks awarded to him in Science, applied for Re-evaluation. He had originally obtained 83 marks in Science and after re-evaluation the same were increased to 97. Resultantly his total aggregate came to 661 marks. According to the petitioner after he was awarded 661 in total marks he should have been declared the topper in the merit list and should have been awarded all consequential benefits. He sent communications in this behalf to the Board of School Education but his claim was rejected on account of Regulation 13.2.10 quoted hereinabove. Hence, the present writ petition.