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Andhra High Court · body

2000 DIGILAW 615 (AP)

Secretary, Board of Intermediate Education, Hyderabad v. P. Pallavi

2000-08-16

C.Y.SOMAYAJULU, M.S.LIBERHAN

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M. S. LIBERHAN, C. J. ( 1 ) THE 2nd respondent-Intermediate Board has preferred this appeal impugning the order dated 24-9-1999 of the learned Single judge wherein the learned Judge, while disposing of the writ petition filed by the petitioner-student has directed the respondents to pay a sum of Rs. 10,000/- to the petitioner towards exemplary costs, within one month from the date of receipt of a copy of the order. ( 2 ) THE learned Counsel for the appellant has impugned the order of awarding costs by the learned Single Judge, in which a student of an impressionable age by the act of negligence was made to fail in the examination, while on recount she secured 96% of the marks. This is another extreme case of discharging the administrative functions or duties recklessly. Awarding of damages of Rs. 10,000/- on the appellant in the present age cannot be termed to be an exemplary costs. It is just and proper, in the facts and circumstances of the case, to issue a show-cause notice to the appellant as to why the exemplary costs be not enhanced to Rs. 1,00,000/- and to be borne by the persons who are responsible for causing such mental agony and sufferance, especially when even till to-day, when the learned Single Judge has come to a conclusion that there was recklessness on the part of the Intermediate Board, the appellant has neither fixed the responsibility on the person/s responsible for the negligence in valuation nor taken any disciplinary proceedings or otherwise. ( 3 ) AT this stage, the learned Counsel for the appellant submits that he may be allowed to withdraw the appeal. Permission is accorded. ( 4 ) THE appeal is dismissed as withdrawn subject to the condition of the appellant paying an amount of Rs. 5,000/- to the respondent-student towards costs. ( 5 ) IN view of the appeal having been dismissed as withdrawn, no show-cause notice to the appellant be issued.