Court No. - 33
Case :- WRIT - C No. - 10848 of 2018 Petitioner :- Abhay Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
The present petition has been filed for a direction upon the second respondent to re-evaluate the answer scripts of Mathematics Second Paper of Intermediate Examination, 2017, and to provide a fresh marks-sheet based on such re-evaluation.
The learned Standing Counsel has informed the Court that there is no provision for re-evaluation.
In absence of any provision for re-evaluation, a direction to re-evaluate is not to be issued in a routine manner unless it is demonstrated that the evaluation earlier made is arbitrary.
For production of answer script, the petitioner can avail remedy under the provisions of the RTI Act whereunder he may inspect the answer script and may even obtain photocopies thereof. In case, thereafter, the petitioner is able to demonstrate that the marks awarded to him were awarded arbitrarily, it will be open to him to file a fresh petition.
With the aforesaid liberty, the petition is disposed of. Order Date :- 23.3.2018 Sunil Kr Tiwari