MAHA NAND BHATT v. UTTARANCHAL SIKSHA EVAM PARISHA PARISHAD, RAMNAGAR
2003-10-01
RAJESH TANDON
body2003
DigiLaw.ai
( 1 ) THE present writ petition has been filed for a writ, order or direction in the nature of mandamus commanding the respondents for revaluation of answer of the petitioner's High School Examination 2003. ( 2 ) THE petitioner has alleged that his son namely Jai Prakash appeared in the High school Examination in the year 2003 from government Inter College Sukhdhang, champawat. On 30-6-2003 result of High school Examination was declared by the respondents which was published in the news paper on 1-7-2003. The petitioner was shocked to see that he had been given only 7 marks in math first paper and 14 marks in Maths second paper out of 100 marks. As the result the petitioner's son was failed in the examination. ( 3 ) HEARD the learned counsel for the parties. ( 4 ) SO far as the revaluation of answer book is concerned the same is not permissible in view of the various authorities of the apex Court and High Courts. The Apex Court in Bhushan Uttam Khare v. Dean B. J. Medical college, (1992) 2 SCC 220 : AIR 1992 sc 917, Arun Desai v. High Court of Bombay through Chief Justice, reported in 1984 (Supp) SCC 372, In Maharashtra State board of Secondary and Higher Secondary education v. Paritosh Bhupesh Kumarasheth, air 1984 SC 1543 has held that evaluation of answer book is not permissible and the same does not attract the principle of nature justice. ( 5 ) RELYING upon the aforesaid observations made by the Apex Court the Allahabad high Court has also taken the same view in a case Subhash Chand v. State of U. P. , 2001 (2) UPLBEC 1085 : 2001 All LJ 897 and mobeen Ahmad Ansari v. State of U. P. , 1999 (1) UPLBEC 603. ( 6 ) RULE 21 Chapter XII of U. P. Education code, provides as under : ( 7 ) THE aforesaid Rule (Ka) contains the provisions regarding scrutiny g^-stf^ of the answer books. The provision is self explanatory and the Board has power to scrutinise the answer books in accordance with Rule (ka) of Rule 21, The rule gives ample power to the Board to help and assist the students who are desirous of getting their answer books scrutinised. ( 8 ) THERE lies a deference between scrutiny and revaluation.
The provision is self explanatory and the Board has power to scrutinise the answer books in accordance with Rule (ka) of Rule 21, The rule gives ample power to the Board to help and assist the students who are desirous of getting their answer books scrutinised. ( 8 ) THERE lies a deference between scrutiny and revaluation. The provisions as referred above contains the provision of irftftfli which can be termed as scritiny of answer books and it may also be called as whereas revaluation has been defined in the legal Glossary as. Thus it is clear that only scrutiny of answer books is available to a student and there is no provision of valuing the answer books again. ( 9 ) MOREOVER, the petitioner is not an aggrieved person so as to file the present writ petition; therefore, writ petition under Article 226 of Constitution of India is not maintainable. ( 10 ) HOWEVER, since the petitioner is not an aggrieved person and he is seeking relief in respect of Jai Prakash Bhatt who has appeared In the examination, this order will not preclude the student namely Jai Prakash to move for scrutiny in accordance with Rule 21 of Education Manual as stated above. This order will also not preclude Sri Jai prakash to file a fresh writ petition, if he Is so advised. ( 11 ) SUBJECT to aforesaid observations the writ petition is dismissed. Ordered accordingly. --- *** --- .