MANISH SHAUSRABH Vs. JHARKHAND SECONDARY EXAMINATION BOARD

JUDGEMENT

(1.) HEARD Mr. M.S. Anwar, learned senior counsel for the petitioner and Mr, Kalyan Roy, learned counsel for the Jharkhand Secondary Examination Board, Ranchi.

(2.) PETITIONER has prayed for quashing the merit list published by respondent/Board regarding the Matriculation Examination of 2001 held in March, 2001 and to declare the petitioner as topper securing first position with 607 marks in matriculation examination and further for grant of compensation to the petitioner for mental pain and agony.

(3.) THE respondent/Board filed counter affidavit wherein it is stated that Rules and Regulations of the Examination Board empowers the Board to announce result and make such declaration with regard to the result and to, correct the error, malpractice and mistakes. It is the practice of the Board to scrutinize the answer papers of the top 10 students in the merit list. For that purpose three men committee was constituted and the answer papers of the toppers including the petitioner was examined. The Committee submitted report with regard to answer book of the petitioner on 18.2.2001. According to the report five excess marks was given to the petitioner in Physics and excess marks was also given in Sanskrit paper. Copy of the report has been annexed as Annexure -A to the counter affidavit. It is stated by the Board that at the time of issuance of marks, petitioner was shown to have secured 607 marks out of the 700 marks but after scrutinizing answer paper of the petitioner it was found that 5 (five) extra marks was given in Physics and 4 marks was given in Sanskrit. Accordingly after reducing 9 marks he was placed in IIIrd position in the merit list.