PRANITA Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) The petitioner appeared as a regular student in the Secondary Examina-tion of 1992 held by the Board of Secondary Education, Rajasthan with Roll No. 593324 at Examination Centre 0905 as a student of St. Mary's Convent Higher Secondary School, Udaipur and was awarded 380 marks out of 550 marks i.e. in aggregate 69% marks as per mark-sheet dated 24-7-1992 (Annexure 2). She applied for re-totalling of marks, but the result of the re-totalling also remained unchanged vide letter dated 8-8-1992 (Annexure 3) issued by the respondent. The case of the petitioner is that she has been an out-standing and highly meritorious stu-dent and always secured more than 85% marks right from Class VIth to Xth Standard. She was also selected in the National Telent Search Examination conducted by N.C.E.R.T., Delhi. She expected to secure at least 85% marks in the Secondary Examination, but due to some foul play or mala fide in the examination of her answer-books, she has been awarded lesser marks. It is also the case of the petitioner that since she is a student of English medium, while her answer-books might have been examined by examiners, who were Hindi medium teachers, therefore, they might have not understood the answers written by her in the right perspective with the result that she has been awarded only 69% marks. According to her though there is no specific provision for the re-valuation of the answer-books in the relevant Rules and the Syllabus issued by the respondent for Senior Secondary Examination, 1992, except the provision for re-totalling of marks, still then process of re-totalling must include re-examination of the answer-books, which is an integral part of the examination. According to her, she has a fundamental right to apply for re-valuation of her answer-books. She has, therefore, prayed that the respondent be directed to re-examine and re-evaluate her all the answer-books pertaining to the said Examination either by different examiners or by a panel of examiners of English medium.

(2.) The respondent in its counter has vehemently opposed this writ petition and asserted that the home examinations and the examinations conducted by the Secondary Board cannot be equated at par, and as such the marks obtained by the petitioner from VIth Class to Xth Standard have no relevancy. It has been asserted that the respondent Board has been constituted under the provisions of Secondary Education Act, 1957 and by virtue of which respondent Board is fully competent to formulate its regula-tions, policies and guide-lines for the conduct of the examinations and that as per Clause 13(5) of the Syllabus/Guide-Lines for the Senior Secondary (Academic) Examina-tion-1992, it has been specifically provided that re-totalling does not include revaluation or re-examination. It has been stoutly refuted that there has been any discrimination with the petitioner or that there was any foul play or glaring mistake in examining her answer-books. On the other hand her answer-books were examined by competent examiner. It has also been asserted that since no fundamental right of the petitioner has been violated, this writ petition is not maintainable.

(3.) I have heard the learned counsel for the parties at length and perused the relevant record.