Court No. - 54
Case :- WRIT - C No. - 32434 of 2019 Petitioner :- Pradeep Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kundan Kumar Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
Present writ petition under Article 226 of the Constitution has been filed seeking writ of mandamus directing the respondent nos. 2 and 3 to decide the matter in accordance with law within stipulated time.
Contention of learned counsel for the petitioner is that petitioner has appeared in the intermediate examination in 2019 and has wrongly been awarded marks in English and Mathematics subjects and he used four copies in Mathematics subject in the examination. The petitioner has applied to see the copies of English and Mathematics subjects under the Right to Information Act, 2005.
On inspection of the copies under Right to Information Act, the petitioner found that the copy B, C & D of Mathematics subject and the copy of English subject are missing.
Vide order dated 01.10.2019, the Court had directed the learned Standing Counsel to seek instruction in the matter.
On instructions, learned Standing Counsel submitted that copy B, C & D of the petitioner in Mathematics subject and copy of English subject are missing and therefore, the examination committee awarded 65% marks in both the subjects on the basis of average marks obtained by the petitioner in other three subjects i.e. Hindi, Physics and Chemistry.
This Court vide order dated 15.11.2019, directed the learned Standing Counsel to seek further instruction in the matter and to apprise the Court about the provision under which in a contingency like this, the marks can be awarded to the petitioner on the basis of average of the marks awarded in other subjects.
On the basis of instruction received, learned Standing Counsel submits that the copy B, C & D of Mathematics subject and the copy of English subject are missing, and therefore, on the basis of the average marks obtained by the petitioner in other subjects, 65% marks has been awarded to him.
I find that no illegality or infirmity has been committed on the part of respondents as the copies in question are missing. In these circumstances, it is appropriate to award 65% of marks in both the subjects on the basis of average marks obtained by the petitioner in other three subjects.
The writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 27.11.2019 Noman