Court No. - 32
Case :- WRIT - C No. - 21919 of 2020 Petitioner :- Sumukh Mishra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Krishna Dutt Awasthi Counsel for Respondent :- C.S.C.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the parties and perused the record apart from perusing the marking of mathematics answer-sheet by two experts separately and the marked answer-sheet was kept inside two separately sealed envelope.
Sri Saurabh Singh, learned Standing Counsel, has produced the letter of Secretary, Madhyamik Siksha Parisad, Uttar Pradesh, Prayagraj dated 01.01.2021, in compliance of previous order passed in Writ-C No. 21919 of 2020 dated 18.12.2020 by appointing two experts for examining separately the mathematics answer-sheet of the petitioner. Ms. Jyoti Agarwal was one of the two experts who separately examined the answer-sheet of mathematics of the petitioner besides Abhay Kumar Upadhyay, the another mathematics expert who also examined mathematics answer-sheet of the petitioner, and both experts have given reasons in detailed and have tested each and every question as to how marking has been done.
Sri Abhay Kumar Upadhyay after examining question nos. 2, 3, 4, 5, 6 and 7 has awarded 27 marks in all to the petitioner, whereas, the same questions have been examined and tested by another expert Ms. Jyoti Agarwal and she has awarded 28 marks in all to the petitioner.
Now, it is obvious that the answer-sheet of mathematics of the petitioner has attained finality insofar as examination of his mathematics answer-sheet is concerned by the competent teachers. The petitioner has no objection to it.
I have also heard learned Standing Counsel on that point.
Since, the answer-sheet of the mathematics have been examined properly, now there is no lacuna existing in this regard. It appears that objection as raised by the petitioner stands removed by virtue of above examination of answer- sheets separately by aforesaid two experts. Now, the highest marks is 28 in relation to the examination of mathematics answer-sheet by teacher/expert Jyoti Agarwal and that marking appears appropriate and it should be taken to be the total marks obtained by the petitioner in the paper of mathematics and that shall be taken to be final outcome of marking done by the teacher/expert as above.
This is peculiar case in the particular circumstances, therefore, legal right of the petitioner must be safeguarded and restored as the petitioner has every right to obtain actual marks awarded to him in the answer sheet. If any mistake is committed by the institution or the examiner as the case may be in awarding or re-calculating the marks regarding the answers given in the answer sheet, then the same should be rectified and corrected by exercise of power either by the authority concerned which exercise has been done and successfully completed in this case.
Therefore, the Secretary Madhyamik Siksha Parishad, Uttar Pradesh, Prayagraj shall issue fresh mark-sheet to the petitioner after production of the copy of this order before it, for which the petitioner shall not be put to unnecessary coercive practices.
The petition stands disposed of accordingly.
Order Date :- 7.1.2021 CS