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2002 DIGILAW 1297 (ALL)

ANUJ GUPTA v. CENTRAL BOARD OF SECONDARY EDUCATION

2002-09-18

S.P.MEHROTRA

body2002
S. P. MEHROTRA, J. ( 1 ) THE petitioner has filed this writ petition under Article 226 of the Constitution of India, inter alia, praying for following reliefs : " (a) issue a writ, order or direction in the nature of mandamus commanding the respondents to produce the copy of subject Code No. 087 Social Science of the petitioner of Supplementary examination, 2002 of Central Board of Secondary Education, Delhi in this Honble Court. (b) issue a writ, order or direction in the nature of mandamus directing the respondents to revaluation the subject Code No. 087 Social Science of the petitioner of Supplementary examination, 2002 of Central Board of Secondary Education, Delhi. (c) Pass an appropriate writ, order or direction which this Honble Court may deem fit and proper under the facts and circumstances of the case. (d) Award cost of writ petition in favour of the petitioner". ( 2 ) FROM the averments made in the writ petition, it appears that the petitioner appeared in secondary School Examination of 2002 conducted by the Central Board of Secondary education, Delhi. The petitioner was awarded 20 marks out of 100 marks in the subject Social science and was awarded grade e. The result of the petitioner was shows as compartment (photo state copy of the mark sheet of the petitioner has been annexed as Annexure No. 2 to the writ petition ). It further appears that the petitioner was permitted to appear in the compartmental examination in the subject Social Science for the year 2002. The petitioner, it appears, appeared in the compartmental examination and was awarded 14 marks out of 100 marks and was given grade e (photostat copy of the mark-sheet of the compartmental examination of the petitioner in respect of the subject Social Science has been annexed as Annexure No. 4 to the writ petition ). The petitioner has again been permitted to appear in the eompartmental examination. ( 3 ) THEREAFTER, the petitioner has filed this writ petition, inter alia, seeking the reliefs quoted above. ( 4 ) I have heard Sri K. D. Tiwari, learned Counsel for the petitioner, and Sri H. N. Pandey, learned counsel for the respondents. The petitioner has again been permitted to appear in the eompartmental examination. ( 3 ) THEREAFTER, the petitioner has filed this writ petition, inter alia, seeking the reliefs quoted above. ( 4 ) I have heard Sri K. D. Tiwari, learned Counsel for the petitioner, and Sri H. N. Pandey, learned counsel for the respondents. ( 5 ) SRI K. D. Tiwari, learned Counsel for the petitioner submits that the petitioner was expecting 60% marks in the compartmental examination of the subject Social Science but was awarded 14 marks out of 100 marks. Therefore, he submits the answer books of the petitioner in respect of the compartmental examination of Social Science be summoned by this Court and direction be given for revaluation of the same. ( 6 ) SRI H. N. Pandey, learned Counsel for the respondents submits that the examinations are held by the Central Board of Secondary Education, Delhi in accordance with the Examination bye-Laws of the Central Board of Secondary Education, Delhi, 1995. Sri Pandey submits that under the said Bye-Laws, a candidate can apply for verification of his marks awarded in particular subject, but no revaluation of the answer book or supplementary answer book (s) shall be done. Sri Pandey further submits that under Bye-Law 61, clause (iv), no candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book (s) or other documents. Thus, the contention proceeds, the relief sought by the petitioner seeking summoning of the answer books and revaluation thereof cannot be granted. Sri Pandey has placed reliance on the decision of the learned Single Judge of this Court in Kshitij Singh v. Joint Secretary Central Board of Secondary Education, Allahabad and Ors. , 2001 (3) AWC 2191 . ( 7 ) I have considered the submissions made by the learned Counsel for the parties. ( 8 ) BYE-LAW 61 of the Examination Bye-Laws of the Central Board of Secondary Education, 1995 (in short the "examination Bye Laws") are quoted below : "verification of marks obtained by a Candidate in a subject.- (i) A candidate who has appeared at an examination conducted by the Board may apply to the concerned Regional Officer of the board for verification of marks in any particular subject. The verification will be restricted to checking whether all the answers have been evaluated and that there has been no mistakes in the totalling of marks for each question in that subject and that the marks have been transferred correctly on the title page of the answer book and to the award list and whether the supplementary answer book (s) attached with the answer book mentioned by the candidate are in tact. No revaluation of the answer book or supplementary answer book (s) shall be done. (ii) Such an application must be made by the candidate within one month from the date of the declaration of results. (iii) All such applications must be accompanied by payment of fee as prescribed by the Board from time to time. (iv) No candidate shall claim, or be entitled to, revaluation of his/her answers or disclosures or inspection of the answer book (s) or other documents. (v) A candidate shall not be entitled to refund of fee unless as a result of the verification his/her mark are changed. " ( 9 ) BYE-LAW 61 (i) shows that a candidate who has appeared at an examination conducted by the board may apply to the concerned Regional Officer of the Board for verification of marks in any particular subject. The verification will be restricted to checking whether all the answers have been evaluated and that there has been no mistake in the totalling of marks for each question in that subject and that the marks have been transferred correctly on the title page of the answer book and to the award list and whether the supplementary answer book (s) attached with the answer book mentioned by the candidate are in tact. It is specifically stated in clause (i) of bye-Law 61 of the Examination Bye-Laws that no revaluation of the answer book or supplementary answer book (s) shall be done. ( 10 ) AGAIN, clause (iv) of Bye-Law 61 of the Examination Bye-Laws lays down that no candidate shall claim, or be entitled to, revaluation of his/her answers or disclosures or inspection of the answer book (s) or other documents. ( 11 ) IN view of these provisions contained in the Examination Bye-Laws of the Central Board of secondary Education, it is evident that a candidate cannot make any claim for revaluation of the answer book or supplementary answer book (s ). ( 11 ) IN view of these provisions contained in the Examination Bye-Laws of the Central Board of secondary Education, it is evident that a candidate cannot make any claim for revaluation of the answer book or supplementary answer book (s ). Only verification of the marks as provided under clause (i) of Bye-Law 61 can be done if a candidate makes the requisite application for that purpose. ( 12 ) IN Kshitij Singh case (supra), learned Single Judge of this Court considered the provisions of bye-Law 61 and the decision of the Apex Court in Maharashtra State Board of Secondary and higher Secondary Education and Anr. v. Pritosh Bhupedh Kumarsheth etc. , AIR 1984 SC 1543 . Learned Single Judge laid down as follows (Paragraph No. 7 of the said AWC) :" rule 61 further contains a provision that no revaluation of the answer book or supplementary answer book shall be done. The examination of the Central Board of Secondary Education is, thus, conducted under the bye-laws which in detail prescribe the procedure of examination, evaluation and all other connected matter. The bye-laws only permit verification of marks and specifically contain a provision of prohibiting revaluation of the answer book of every student who appears in the Board Examination. There is uniform procedure of examination and its evaluation conducted by the Board. The petitioner appears in the examination conducted by the board in accordance with the bye-laws and subject to procedure and rules prescribed therein. Rule 61 provides only verification of marks obtained by a candidate in a subject, hence the petitioner can avail only that benefit which is provided under the bye-laws. When the bye-laws specifically prohibit the revaluation, the petitioner can not ask this Court to issue direction to the board to act to the contrary to the bye-laws. In the writ petition, there is no challenge to Bye-law 61 which itself provides that there will be no revaluation of the answer book. " ( 13 ) IN view of the provisions of Be-law 61 and in view of the decision of the learned Single judge in Kshitij Singh case, it is evident that the petitioner cannot be granted reliefs sought for by him in the writ petition. The petitioner can only seek verification of his marks as provided in clause (i) of Bye-law 61. The petitioner can only seek verification of his marks as provided in clause (i) of Bye-law 61. ( 14 ) IN the circumstances, this writ petition is disposed of with the following directions : in case, the petitioner makes an application for verification of his marks awarded in compartmental examination in the subject Social Science within six weeks from today, the application of the petitioner will be entertained without raising any objection as to limitation, if any, for filing such application. The verification of the marks as provided in clause (i) of bye-law 61 will be done expeditiously, preferably within a period of one month from the date of filing of such application by the petitioner. The result of verification of marks will be pasted on the answer book of the petitioner and will be communicated to the petitioner by registered post at the earliest. The answer book of the petitioner in respect of the compartmental examination in the subject Social Science will be preserved for a minimum period of six months from the date of dispatch of communication by registered post to the petitioner regarding the result of the verification of marks.