Court No. - 32
Case :- WRIT - C No. - 20270 of 2020 Petitioner :- Upendra Singh (Minor) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Waris Counsel for Respondent :- C.S.C.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the contesting respondents.
By means of present writ petition, petitioner has sought following relief(s):
"(i) issue a writ order or direction in the nature of mandamus commanding the respondents to produce the copy of answer book Social Science of the petitioner of High School Examination, 2020 held by the Board of High School and Intermediate Education Board, U.P. at Prayagraj, having Roll No. 1491416 before this Hon'ble Court and re-evaluate/re- examine the same by appointing some examiner;
(ii) issue any other writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(iii) Award the costs of petition to the petitioners."
The student has mislead this Court by telling his counsel that marks against Question No.14 have not been awarded, whereas I have perused the entire copy as produced in original by learned Standing Counsel. There is no mention of Question No.14 in all the three copies A, B and C as produced in original before this Court. The student bears Roll No.1491416 and it has been brought to the notice of this Court that initially the sum total of the marks obtained by the candidate/petitioner was in fact 55, but it was wrongly mentioned as 53 on the top of Copy No.A in the sum total of marks, however it is 55. Accordingly, the 53 was corrected as 55 and 55 marks have been awarded in Social Science.
Now, claiming that no mark has been awarded for Question No.14 is nothing but misleading this Court and the respondents, that way. He next contended that in this case, the map was also part of the question number and two maps, which have been filled by indicating relevant places have not been properly marked and perhaps no marks have been awarded. Lastly it has been submitted by learned counsel for the petitioner that as per the total marks now obtained say 55, two numbers are increased, therefore the merit list may accordingly be prepared and if the petitioner stands in the merit list, the same should be mentioned properly.
I have also perused the two maps as filled up by the student as available on the original answer sheet, wherein also number has been awarded and to claim and say that no marks have been awarded is not sustainable. Therefore, in the final tally, 55 marks have been deemed to have been scored and obtained by the petitioner in the subject of Social Science.
Accordingly, this petition stands disposed of.
Order Date :- 8.1.2021 S Rawat