JYOTSANA MUKHERJEE Vs. BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) In this writ petition the petitioner has sought for an issuance of direction to publish her results in accordance with the finding and recommendation of the Scrutiny Committee and the Moderation Board with respect to the final examination held by the Bihar School Examination Board in the year 1984. She has also prayed for quashing annexure 1 dated 13 -11 -84 which is not in consonance with the recommendation of the Scrutiny Committee and the Moderation Board.

(2.) The petitioner appeared as a regular student for the final examination in question from Modern High School, Nayatola, Patna. From the marks -sheet furnished to the institution she learnt to have failed in natural science subject which comprise Phyics, Chemistry and Biology. She, therefore, in exercise of the power conferred under Rule 20 of the Bihar School Examination Board Regulations applied for scrutiny of the natural science paper.

(3.) On 6 -9 -84, as wilt appear from annexure '2% the Scrutiny Committee reported that there has been miscalculation and marks assigned in Biology has not been carried over to cover page. It stated that the candidate has obtained 18 marks in Biology instead of 15. On 16 -9 -84, at the instance of the Chairman, the opinion of the Unfair means Committee was directed to be, obtained. The Unfair means Committee reported that the candidate should be awarded 15 marks only. On 22 -9 -84 when the matter was sent back to the office, the Deputy Secretary reported that, as there appear to be divergence of opinion of the Scrutiny Committee and the Unfair means Committee, which are all committees of experts, the final decision of the Moderation Board be obtained with respect to the answer paper in Biology. The answer paper thereafter travelled to Moderation Board. On 25 -9 -84, the Moderation Board agreed with the views of the Scrutiny Committee and opined that the candidate is entitled to benefit of doubt. In spite of the report of the Scrutiny Committee and the Moderation Board, the Bihar School Examination Board (hereinafter to be referred to as 'the Board') did not effect any change in the marks obtained by the petitioner in Biology. She was hereby communicated "No Change" vide annexure'1' dated 13 -11 -84.