IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION No.12193/2019 (EDN-RES) PIL BETWEEN:
PRADEEP EASHWAR S/O LATE EASHWAR AGED ABOUT 33 YEARS R/A LAKSHMIPATHI PERESANDRA CHIKKABALLAPURA TALUK AND DISTRICT-562 104 ... PETITIONER (BY SHRI. K.S. RAJESH GOWDA, ADVOCATE) AND:
1. PRE UNIVERSITY SECONDARY BOARD REPRESENTED BY THE DIRECTORATE OF PRE UNIVERSITY EDUCATION SAMPIGE ROAD, 18TH CROSS OPPOSITE CET, MALLESHWARAM BENGALURU-560 012 2. GOVERNMENT OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU-560 001 ... RESPONDENTS (BY SHRI. D. NAGARAJ, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO HOLD RE-EXAMINATION OF THE BIOLOGY SUBJECT FOR II YEAR PU STUDENTS OR IN THE ALTERNATIVE R-1 BE DIRECTED ISSUE INSTRUCTIONS TO THE EVALUATORS OF BIOLOGY SUBJECT TO AWARD 15 GRACE MARKS TO EVERY II YEAR STUDENT BY ISSUING WRIT OF MANDAMUS TO THIS EFFECT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE P.S.DINESH KUMAR J., MADE THE FOLLOWING:-
O R D E R Heard.
2. Petitioner claiming to be a Lecturer in Biology subject has filed this writ petition in public interest seeking a direction to the Pre University Secondary Board to conduct re-examination in Biology subject for II year PUC students on the premise that Biology question paper was ‘too tough’.
3. Shri K.S.Rajesh Gowda, learned Advocate for the petitioner submits that petitioner being a Biology Lecturer is convinced that question paper for Biology subject in respect of which examination was held on 15.03.2019 was very tough. Espousing the cause of students, he is seeking re-examination of Biology subject or in the alternative to award 15 grace marks.
4. Having heard learned advocate for the petitioner, we are of the view that petitioner is not an aggrieved party and hence has no statutory right. Having sought a writ of mandamus, no material is placed to show that he has approached the concerned authorities in the administration. In the circumstances, we find no public interest involved in this petition.
5. Resultantly, this petition fails and is accordingly dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Yn.
Sd/- JUDGE