Court No. - 19
Case :- WRIT - C No. - 25329 of 2018 Petitioner :- Ved Prakash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suchita Dwivedi,Shyam Bahadur Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The instant writ petition has been filed seeking a mandamus commanding respondents to re-evaluate the answer books of the petitioner pertaining to Physics IInd paper of Intermediate Examination 2018, as the petitioner is not satisfied with the marks.
This Court is of the opinion that a prayer which seeks to make a roving enquiry is not permissible. Further, in the absence of any provision for re-evaluation, this Court does not ordinarily direct for re-evaluation until the candidate points out some grave mistake in the evaluation process.
The Supreme Court in the case of C.B.S.E. vs. Aditya Bandopadyaya 2011 (6) AWC 5567 has held that a 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 petitioner so far. This Court, therefore, declines to entertain the prayer at this stage.
However, in case, any application is filed under the Right to Information Act, 2005, the respondents shall ensure that the answer scripts are shown to the petitioner expeditiously, preferably within a period of ten days The writ petition is disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 27.7.2018 SL