Court No. - 54
Case :- WRIT - C No. - 39108 of 2019 Petitioner :- Kumari Anu Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Naresh Kumar Pal,Brajendra Kumar Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
This writ petition has been filed for issuance of mandamus commanding the respondents to produce the copy of IIIrd Semester 2019 Subject-7 Sanskrit (B.T.C Batch 2015) Roll No. 173210018 of the petitioner before the Court within a specified period.
The contention of learned counsel for the petitioner is that petitioner was reported failed in the examination of IIIrd Semester 2019 Subject-7 Sanskrit (B.T.C Batch 2015). Subsequently, she applied for scrutiny but there was no change in marks.
Learned Standing Counsel submits that copy in question can be seen by the petitioner under the Right to Information Act and prays that suitable direction may be passed in this regard directing the petitioner to see her copies under the Right to Information Act.
The Supreme Court in the case of C.B.S.E. Vs. Aditya Bandopadhyay 2011 (6) AWC 5567 has held that the candidate appearing in the examination has got a right to look into the answer script under the Right to Information Act, 2005, which remedy has not been availed by the petitioner so far. This Court, therefore, declines to entertain the prayer at this stage.
Accordingly, the writ petition is disposed of with liberty to the petitioner to apply under Right to Information Act, 2005 for being shown the copy of IIIrd Semester 2019 Subject-7 Sanskrit (B.T.C Batch 2015) and in which event, the respondent No. 6- Secretary, Examination Controller (Regulation) Authority, Allahabad, shall be bound to show the copy to the petitioner within next two weeks.
Order Date :- 29.11.2019 Noman