RAMLAL SUTHAR Vs. BOARD OF SECONDARY EDUCATION RAJ

JUDGEMENT

(1.) THE petitioner-student appeared in Higher Secondary Examination, 1998 from the respondent Board but was declared failed in two subjects - (1) Biology and (2) Agronomy which is clear from his marksheet at Annex. 1. He has got 11 and 13 marks respectively out of 54 in the subjects of Biology and Agronomy. According to him, he was expecting 25 and 28 marks respectively in the aforesaid subjects as he did well in these subjects. He applied for scrutiny of his marks in above two papers and also deposited the requisite fees on 1. 7. 98 (Annex. 2 ). Without waiting for the reply from the Board about his retotalling of marks, the petitioner has filed this petition challenging the Regulation 13 (5) of Chapter 16 (XVI) of the Rajasthan Secondary Education Regulations, 1957 (for short `the Re-gulations') and prayed that the same may be declared ultra vires and quashed. He has further prayed that the respondent Board be directed to re evalule/recheck the petitioner's answer books of Biology and Agronomy subjects of High Secondary Examination, 1998 and to communicate the result of rechecking.

(2.) REGULATION 13 (5) which is reproduced by the petitioner at page 3 of his petition is as under: " 13 (5)The work of scrutiny does not include re-examination of the answer-books of a candidate. It consists of rechecking the marks entered in the answer books with a view to seeing whether there has been any mistake in totalling the marks assigned to the individual questions or in the form of omitting the marks assigned to any question. "

(3.) AS per Regulation 13 (5), the work of scrutiny does not include re-examination of the answer-books of a candidate. It consists of rechecking the marks entered in the answer books with a view to see whether there has been any mistake in totalling the marks assigned to the individual questions or in the form of omitting the marks assigned to any question. Thus, Regulation 13 (5) clearly exclude re-ex-amination of the answer books of a candidate while doing the scrutiny work.