Court No. - 19
Case :- WRIT - C No. - 29604 of 2018 Petitioner :- Priya Dubey Respondent :- State Of U.P. And Another Counsel for Petitioner :- Pramod Kumar Vishwakarma Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The instant writ petition has been filed seeking a mandamus commanding the respondent Board to undertake re-evaluation of answer books of the petitioner in English, Physics II paper and chemistry Ist paper of Intermediate Examination 2018.
Counsel for the petitioner is not in a position to state that there is any provision for re-evaluation. Ordinarily, re-evaluation is not directed, even in exercise of power under Article 226 of the Constitution, unless some grave error is shown. Along with the writ petition, no such material has been annexed.
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 petitioners so far. This Court, therefore, declines to entertain the prayer at this stage.
The writ petition is accordingly disposed of with liberty to the petitioner to apply under the Right to Information Act, 2005, and in which event, the respondents shall ensure that the answer scripts are shown to the petitioners expeditiously, preferably within two weeks.
(Manoj Kumar Gupta, J.) Order Date :- 30.10.2018 skv