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Mohit Kumar Dwivedi vs Madhyamik Shiksha Parishad And ...

High Court Of Judicature at Allahabad|03 October, 2002

JUDGMENT / ORDER

JUDGMENT S.P. Mehrotra, J.
1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for the following reliefs :-
"(A) issue a writ, order or direction in the nature of mandamus directing the respondents to produce the answer books of petitioner for the subject Mathematics I, II and III papers and Physics I and II papers before this Hon'ble Court on the date as may be fixed by this Hon'ble Court.
(B) a direction may also be given to the respondents to complete the exercise of scrutiny of the petitioner's answer books of Physics and Mathematics in all papers and correct the marks and provide fresh copy of the mark-sheet to the petitioner within specified period as may be fixed by this Hon'ble Court.
(C) issue a writ, order or direction which this Hon'ble Court may deem fit and proper on the facts and circumstances of the case in the interest of justice.
(D) award the cost of the petition to the petitioner."
2. It is, inter alia, alleged by the petitioner that the petitioner appeared in the Intermediate Examination for the year 2002 as a regular student from the institution H.S.N.P. Inter College, Brindavan, Mathura, and the roll number of the petitioner was as 048780; and that the result of the Intermediate examination was declared in June, 2002; and that the petitioner was declared 'failed'; and that the petitioner applied for scrutiny and deposited Rs. 200/- on 10.7.2002 in the treasury for scrutiny of Mathematics I, II and III papers and Physics I and II papers, copy of the scrutiny form along with challan regarding deposit of requisite fees has been filed as Annexure No. 2 to the writ petition.
3. In the circumstances, the petitioner as filed the present writ petition seeking the reliefs quoted above.
4. Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents.
5. Learned Counsel for the petitioner submits that even though the petitioner has applied for scrutiny of the answer books, but no action has so far been taken by the respondents in this regard.
6. Learned Standing Counsel submits that the scrutiny of the answer books of the petitioner in respect of the subject Mathematics I, II and III papers and Physics I and II papers will be completed expeditiously.
7. Having heard learned Counsel for the parties, this writ petition is disposed of with the following directions :-
(l)(a) The respondents will complete the scrutiny of the answer books of the petitioner in the subjects Mathematics I, II and III papers and Physics I and II papers of the Intermediate Examination, 2002 expeditiously, preferably within a period of six weeks from the date of production of a certified copy of this order before the respondents along with a copy of this writ petition.
8. After completion of the scrutiny, the result of the scrutiny will be communicated to the petitioner at the earliest by registered post. The result of the scrutiny will also be pasted on the respective answer books of the petitioner, and this fact will be stated in the communication to be sent to the petitioner by registered post.
9. The answer books of the petitioner in the aforesaid Mathematics I, II and III papers and Physics I and II papers will be preserved for a minimum of six months from the date of dispatch of the communication to the petitioner.
(b) In case, the respondents find any deficiency in the application for scrutiny, the said deficiency will be communicated to the petitioner at the earliest and the petitioner will be given reasonable time for rectifying the said deficiency. The answer books of the petitioner in respect of the aforesaid Mathematics I, II and III papers and Physics I and II papers will be completed expeditious, preferably within six weeks from the date of rectification of deficiency by the petitioner.
10. The result of the scrutiny will be communicated to the petitioner at the earliest by registered post. The result of the scrutiny will also be pasted on the respective answer books of the petitioner, and this fact will be stated in the communication which will be sent to the petitioner by registered post. The answer books of the petitioner in the aforesaid papers will be preserved for a minimum of six months from the date of dispatch of the communication to the petitioner.
(2)(a) In case, there is change in the marks awarded to the petitioner as a result of the scrutiny in the aforesaid papers of Mathematics I, II and III papers and Physics I and II papers, the aforementioned communication to be sent to the petitioner will, inter alia, contain a statement of marks originally awarded in the answer books of the said papers as well as marks awarded in the sad answer books as a result of scrutiny.
(b) In case, there is no change in the marks awarded to the petitioner as a result of scrutiny in the aforesaid papers, the aforementioned communication to be sent to the petitioner, besides mentioning fact of there being 'no change' will, inter alia, contain a statement of marks originally awarded in the answer books of the said papers.
11. The writ petition is disposed of with the aforesaid direction.
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Title

Mohit Kumar Dwivedi vs Madhyamik Shiksha Parishad And ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
03 October, 2002
Judges
  • S Mehrotra