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1999 DIGILAW 276 (RAJ)

Miss Nidhi Jain v. Rajasthan Secondary Education Board

1999-03-04

GYAN SUDHA MISRA

body1999
JUDGMENT 1. - The petitioner appeared in Secondary Examination in the year 1994 from the Board of Secondary Examination, Rajasthan, Ajmer (for short 'the Board') & although she passed the examination she missed first division in this examination by three marks. On account of this, she became apprehensive that her marking in English paper has not been properly done and therefore, filed an application for re-valuation of her English paper. The respondent-Board although complied with her request and cross checked her marks for English paper by re-totalling, yet it could not acceded to her request for re-assessment and re-valuation of her English paper as neither there was any legal justification for such request nor such request was in consonance with any rule or regulation of the Board. 2. It has been brought to the notice of the court by the respondents' advocate that at the most the Board can acceded to the request of an examinee for re-totalling and there is no provision for re-valuation of a paper and on an earlier occasion a candidate had raised a grievance that merely re-totalling is not enough and re-valuation of the paper should be done which means that the paper should be re-examined and any rule to the contrary was challenged as ultra-vires. In a decision reported in 1982 RLR 753 =AIR 1983 (Rajasthan) 16 delivered in M.C. Khandelwal v. Chairman, Board of Secondary Education and other this question has already been considered and the regulation of the Board permitting only re-totalling and not re-assessment has been held to be a valid and justified rule. Even without this decision, there can be no two opinions about the situation that any paper specially like English where the method of assessment is not by an objective type questions, element of subjectivity in judging an answer-sheet is bound to be there and therefore, the apprehension of an examinee going to the extent of raising a demand for re-assessment of the paper is highly un-practical and un-called for as long as the pattern of examination is the traditional one. The relief sought by the petitioner thus has no merit and hence this writ petition is dismissed.Petition dismissed. *******