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Rajendra Kumar (Minor) vs Board Of High School And ...

High Court Of Judicature at Allahabad|01 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 relies :-
(i) issue a writ order or direction in the nature of mandamus directing the respondent Nos. 1 and 2 to evaluate the answer book of English of the petitioner of High School Examination, 2002 vide Roll No. 2319426.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 1 and 2 to complete the English Paper within 2 weeks (Roll No. 2319426) of High School Examination, 2002.
(iii) Issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.
(iv) Award the cost."
2. It is, inter alia, alleged by the petitioner that the petitioner appeared in the High School Examination, 2002 vide Roll No. 2319426 as a private student of S.B.N. Inter College, Lodhipur, Niwada, District Hamirpur, and that the examination has been conducted by the Board of High School and Intermediate Education; and that the petitioner has appeared in all subjects and solved papers with best efforts; and that the petitioner was declared 'failed'; and that the petitioner has obtained 24 marks in English paper; and that the petitioner applied for scrutiny in English I and II Papers. Photo copy of the scrutiny form has been filed as Annexure No. 2 to the- writ petition.
3. In the circumstances, the petitioner has filed this writ petition seeking reliefs quoted above.
4. I have heard learned Counsel for the petitioner and learned Standing Counsel appearing for respondent Nos. 1 and 2.
5. Learned Counsel for the petitioner submits that even though the petitioner has applied for scrutiny of answer books, but no action has so far been taken by the respondent Nos. 1 and 2.
6. Learned Standing Counsel submits that the scrutiny of the answer books of the petitioner will be completed expeditiously.
7. Having heard learned Counsel for the parties, this writ petition is disposed of with the following directions :- :
"1. (a) The respondent Nos. 1 and 2 will complete the scrutiny of answer books of the petitioner in English I and II Papers of High School Examination, 2002 expeditiously, preferably with a period of six weeks from the date of production of a certified copy of this order before the said respondents along with a copy of this writ petition.
After completion of the scrutiny, the result of the scrutiny will be communicated to the petitioner at the earliest by the 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.
The answer books of the petitioner in English 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 respondent Nos. 1 and 2 find any deficiency in the application for scrutiny submitted by the petitioner, such deficiency will be communicated to the petitioner at the earliest and the petitioner will be given reasonable time for rectifying such deficiency. The scrutiny of the answer books of the petitioner in English I and II papers will be completed expeditiously, preferably within a period of six weeks from the date of rectification of the deficiency by the petitioner.
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 sent to the petitioner by registered post. The answer books of the petitioner in English I and II 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 scrutiny in the aforesaid English I and II papers, the aforementioned communication to be sent to the petitioner will, inter alia, contain a statement of the marks originally awarded in the answer books of the petitioner in the aforesaid English I and II papers as well as marks awarded in the said 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 English I and II papers, the aforementioned communication to be sent to the petitioner, besides mentioning the fact of there being 'no change', will, inter alia, contain a statement of the marks originally awarded in the said answer books of the aforesaid English I and II papers."
8. The writ petition is disposed of with the aforesaid directions.
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Title

Rajendra Kumar (Minor) vs Board Of High School And ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
01 October, 2002
Judges
  • S Mehrotra