Court No. - 42
Case :- WRIT - C No. - 7213 of 2021 Petitioner :- Km. Vaishnavi Lathey (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vidya Bhushan Srivastava,Rakesh Kumar Verma Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
Present writ petition has been filed seeking a direction to the respondents no. 2 and 3 to reevaluate/re-check answer books of the petitioner of High School Examination 2020 bearing Roll No. 0609028 of the two subjects i.e. Mathematics and Hindi conducted by the respondent no. 2 within a stipulated period.
On 5.7.2021, following order was passed:
"At the request of Sri Rakesh Kumar Verma, learned counsel for the petitioner, put up this matter in the list of fresh cases on 30.07.2021.
In the meantime learned Standing Counsel to obtain relevant instructions including on the following issues:
(1) Provision for re-evaluation of marks sheet.
(2) Provision for scrutiny of marks.
(3) Provision for providing access to the answer sheet to the candidates."
Pursuant to the aforesaid order, learned Standing Counsel has produced a copy of the instructions dated 7.7.2021, which is taken on record. According to the instructions there is no provision for reevaluation of the answer sheets. In so far as the scrutiny is concerned it is stated that although there is a provision for scrutiny, the petitioner has not applied for scrutiny and in so far as the provision for providing access to the answer sheet to the candidates is concerned the petitioner has admittedly receive copy of the same under the Right to Information Act.
In so far as the instructions that the petitioner has not applied for scrutiny, attention was drawn by the learned counsel for the petitioner to Annexure- 3 to the writ petition to indicate therein that on the top of the Scrutiny Application No. HS/21/0000539 dated 7.3.2020 filed at 3:51:45 PM alongwith tender receipt dated 3rd July, 2020 the charges for scrutiny were deposited.
In such view of the matter, present writ petition stands disposed of with a direction to the respondent no. 2, the Secretary, Board of High School and Intermediate Education, U.P. Prayagraj to verify the filing of the scrutiny application annexed as Annexure-3 to the writ petition and in case the scrutiny application is found to have been filed validly he is directed to take necessary action on the same and thereafter intimate the result of scrutiny to the petitioner, preferably within a period of one month from the date of production of a self attested copy of this order, which may be verified from the website of the Court.
No costs.
Order Date :- 30.7.2021 p.s.