Citizen Cause v. Bihar Intermediate Education Council
1991-01-18
R.N.SAHAY, S.ROY
body1991
DigiLaw.ai
Judgment S.Roy and R.N.Sahay JJ. 1. Heard the learned Counsel for the parties with reference to the report received from the Director, Birla Institute of Technology, Meera. 2. We had sent some of the answer papers to the Director, Bihar Institute of Technology for re-assessing the answers by way of test check to ascertain whether there had been wrong evaluation of the answers. From the report, it appeared that the allegation made by the petitioners that their answers were not correctly valued is proved. 3. On the basis of the marks given by the examiners, who have re-assessed the answers in compliance of the order of this Court, the Director, Birla Institute of Technology, reported that some answers were over valued and some were under not valued. It was also found that some answers were not valued at all. In one case the total mark that a candidate obtained in Physics-I, Chemistry-I, Chemistry-II, Mathematics-I and Mathematics-II was 210, whereas that candidate obtained 340 marks on re-assessment of answer papers. 4. In view of the report received from the Director, we are of the opinion that the examiners who had valued the answer papers of the students who had appeared in I.Sc. Examination, 1989, held by the Bihar State Intermediate Education Council (the Council for short) did not do it properly. 5. In the circumstances, it is ordered that the Council, respondent No. 1 herein, shall publish in Times of India and Hindustan Times, English dailies, both Patna editions, and two Hindi dailies, namely, Nawbharat Times, published from Patna, and Ranchi Express, published from Ranchi on two con-sequent dates notice giving information that any student who had appeared in I.Sc. Examination, 1989, shall be entitled to file application for re-evolution. of his/her answer papers in any or all science subjects and mathematics in which he/she appeared. The Council shall arrange to publish the notice by 28th February, 1991. Such candidates shall be required to deposit with the Council along with his/her application Rs. 5 for each paper, which he/she wants to get re-evaluated. The amount shall be deposited with the Council either in cash at Patna or may be paid by Postal Order, drawn in favor of the Council. The Council shall get such answer papers, for which applications are filed, re-valued by examiners other than those who have valued those earlier.
5 for each paper, which he/she wants to get re-evaluated. The amount shall be deposited with the Council either in cash at Patna or may be paid by Postal Order, drawn in favor of the Council. The Council shall get such answer papers, for which applications are filed, re-valued by examiners other than those who have valued those earlier. The applications for re-evaluation must be filed up to 15-3-1991 and re-evaluation must be completed by 30-4-1991. The mark-sheets on the basis of marks obtained after re-evaluation/re-assessment of answer papers shall be sent by the council to the respective colleges of the candidates who applied for such re-evaluation/ re-assessment and the same should reach the respective colleges by 21st May, 1991. The mark-sheets issued after re-evaluation re-assessment of answer papers shall be treated to be authentic and final marks. 6. After re-evaluation re-assessment of answer papers if difference in the marks obtained by a candidate on the first occasion and on re-assessment is found, the Council shall take appropriate decision for debarring such examiners who may be found negligent in marking the answer papers. 7. In pursuance of the order of this Court dated 20-11-1990 the petitioners had deposited Rs. 500 as fee to be paid to the teachers of the Birla Institute of Technology for the purpose of re-assessment of answer papers. The Joint Registrar of this Bench shall write to the Director, Birla Institute of Technology requesting him to send bill, if any. If a bill is sent, the same shall be put up before this Bench for appropriate order, and if such bill is not sent, the amount already deposited by the petitioners shall be returned to Mr. M.S. Anwar. The Joint Registrar shall keep in seal cover the report received from the Director. Birla Institute of Technology, Meshra, which was opened in Court on 17-1-1991. The answer papers which were handed over by Mr. R.K. Choudhury are being returned to him. 8. This application is disposed of.