A. K. PATNAIK, J. ( 1 ) THE petitioner appeared in the Annual High School Certificate examination, 2002 conducted by the board of Secondary Education, Orissa. As per the results of the said examination, he has got a First Class with 75 out of 100 marks in First Language (Oriya), 56 out of 100 marks in Second Language (English), 99 out of 100 marks in Third Language (Sanskrit), 73 out of 75 marks in Mathematics paper-I, 73 out of 75 marks in Mathematics paper-II, 74 out of 75 marks in Science Paper-I, 71 out of 75 marks in Science Paper-II, 73 out of 75 marks in Social Science Pa-per-I and 72 out of 75 marks in Social Science paper-II. In-total, he has secured 666 out of 750 marks. Not satisfied with his marks in Second Language (English), he has filed this writ petition praying for a direction to the opp. parties to revalue the said paper in Second Language (English) and to issue fresh marks after such revaluation. ( 2 ) ON 9-8-2002 we passed an order that before we decide to entertain this writ petition we would like to know the system that the Board is following with regard to valuation of answer scripts for the purpose of finding out as to whether the system followed by the Board of Secondary Education ensures fairness and accuracy in valuation of answer scripts. ( 3 ) PURSUANT to the said order a counter affidavit has been filed on 23-8-2002 on behalf of the opp. parties and it has been stated therein, inter alia, that a set of instructions for valuation of answer scripts have been issued by the Board called, "manual for Central Valuation" of Board of secondary Education, Orissa. It has been further stated in the said counter affidavit that special instructions were also issued regarding valuation of answer papers to be followed by the concerned officers. Further, post-examination instructions were also issued. It has been further stated in the said counter affidavit that special instructions were also issued regarding valuation of answer papers to be followed by the concerned officers. Further, post-examination instructions were also issued. Copies of the Manual for Central Valuation of Board of Secondary Education, orissa, special instructions and post examination instructions to the Chief Examiners, assistant Examiners and Serutinizers in connection with valuation of answer books of High School Certificate Examination have been annexed to the counter affidavit as annexure C, C/l, D and D/l. In the counter affidavit, it is also stated that after result is published, the candidates are given one month time to apply for checking of addition of marks and a scheme for checking, rephecking and addition of marks has been framed pursuant to the direction of this court in order dated 2-11-1992 in O. J. C. No. 7051 of 1992. A copy of the scheme has also been annexed to the counter affidavit as Annexure-E. But it has been stated in the counter affidavit that there is no provision for re-valuation of answer scripts on the application of a candidate and a candidate can only apply for re-checking or readdition of marks. ( 4 ) A further affidavit has been filed on behalf of the opp. parties on 5-9-2002 wherein it has been stated, inter alia, that for each subject three sets of questions are prepared. The schemes of valuation of answer papers are also prepared. Thereafter, four or five experienced college teachers are invited for moderation of the questions set for each subject. They also verify the schemes of valuation. Soon after the examination in a particular paper is over, about five experienced High School teachers acquainted with the syllabus, examine the schemes of valuation in detail. They are supplied with a set of questions and model answers for detail verification and to suggest any modification, if necessary for finalisation. After their decision, the model answer, i. e. the scheme of evaluation is issued for printing purpose, and after the scheme of evaluation is printed, the same is supplied to each examiner to follow at the valuation centre at the time of evaluation of the answer papers so as to maintain uniformity in awarding marks. ( 5 ) WE have examined the Manual for central Valuation of Board of Secondary education, Orissa (Annexure-C to the counter affidavit filed by the opp. ( 5 ) WE have examined the Manual for central Valuation of Board of Secondary education, Orissa (Annexure-C to the counter affidavit filed by the opp. parties) and the instructions to the Chief Examiners, Assistant examiners and Serutinizers in connection with valuation of answer books of High school Certificate Examination in Annexure d to the counter affidavit and we find that sufficient checks have been provided therein for ensuring that the answer papers of the candidates are fairly and uniformly evaluated. It appears from the said Manual and instructions (Annexures-C and D to the counter affidavit) that the answer books are arranged set-wise by the Chief Examiners with the help of Serutinizers. All the Assistant examiners present in the Unit are also divided into different groups. Answer Books of different sets like Set-A, Set-B and Set-C are distributed to the Assistant Examiners of different groups like Group A, B and C. A scheme of evaluation comprising of model answers is prepared separately for each set of questions and each Assistant Examiner is supplied with the appropriate scheme of evaluation comprising of model answers corresponding to the set of answer books supplied to him. The Assistant Examiner then has to go through the scheme of evaluation comprising of the model answers and evaluate the answer books allotted to him accordingly. After the evaluation, he is required to furnish the following certificate : @@@"certificate TO BE FURNISHED BY the ASST. EXAMINER annual/supplementary H. S. C. EXAMINATION : 200__ subject_______unit_______ total No. of Ans. Books valued. . . . . . . . . . . . . . . Certified that I Sri/ mt. . . . . . . . . . . . . . . . . . . . . . . . . . . . of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . School, Examiner code No. . . . . . . . . . . . . . . . . . . . . . . . . . Asst. Examiner in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . School, Examiner code No. . . . . . . . . . . . . . . . . . . . . . . . . . Asst. Examiner in. . . . . . . . . . . . . . . . . . . . . . . subject have gone through the Scheme of Evaluation and Instruction to the Examiners thoroughly and evaluated answer Books allotted to me accordingly. I have verified the set mentioned on the Answer book and that all the Answers given by the candidate in the Answer Book have been properly evaluated, Marks have been posted on the cover page correctly and the totalling of marks have been done correctly and the total marks awarded on the Answer book have been correctly entered in the respective mark Foil. FULL SIGNATURE OF THE ASST. EXAMINER examiner CODE NO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VALUATION center CODE NO. . . . . . . . . . . . . . . . . . . . . . . . . . . COUNTER SIGNED signature OF THE CHIEF EXAMINER". @@@ thereafter, the Scrutinisers check the answer books and in particular whether any answer has been left unvalued and if so, the assistant Examiner is asked to value the same and they are required to put full signature on the answer papers checked only when there is no mistake. Thereafter, the chief Examiners examine carefully all the answer papers carrying fail marks upto 15% shortage and also papers securing very high marks above 90% in Mathematics and 75% in all other subjects. The Chief Examiner also, inter alia, is required to examine minimum two specimen copies of the valued answer paper of each examiner daily. They are to pick up answer papers valued by Assistant examiners at random for re-examination. The Chief Examiner also, inter alia, is required to examine minimum two specimen copies of the valued answer paper of each examiner daily. They are to pick up answer papers valued by Assistant examiners at random for re-examination. Besides such re-examination, they are required to make some test check of the answer papers scrutinised by the Scrutinisers to see whether the scrutinisers are doing their duties correctly. There are, therefore, various checks provided in the Manual for Central Valuation of the Board of Secondary education, Orissa and the Instructions to the Chief Examiners, Assistant Examiners and Scrutinisers in connection with valuation of answer books of High School certificate Examination to ensure that valuation of answer books are done properly and fairly and mistakes in valuation are avoided. Further, the answers evaluated by the Assistant examiners keeping in mind the model answers or scheme of evaluation so as to ensure uniform marking as far as possible and avoid subjective marking. ( 6 ) CONSIDERING the fact that the system of evaluation of the Board of Secondary Education, Orissa has built-in provisions for ensuring that answer scripts of different candidates taking the High School Certificate examination are evaluated properly and uniformly, the Court will not direct re-valuation of an answer script of a candidate except for compelling reasons. In Arundhati sahoo v. Board of Secondary Education, orissa, (1996) 1 Orissa LR 512, a Division bench of this Court held :"6. We are aware of the judgment of the supreme Court in Council of Higher Secondary education, Orissa v. Jasodhara padhi (Civil Appeal No. 1362 of 1990 disposed of on 28-2-1990 ). The Supreme Court observed in that case that since the rules do not provide for revaluation of the answers, the marks awarded by the examiners appointed by the Council acquire finality and no other authority has power to reassess the same for the purpose of awarding marks and the Court should not direct for the revaluation of the answer books of an examinee unless there are compelling reasons for the same. If the Court finds it necessary to get the answer books revalued it must be carried out by the examiners approved and appointed by the examining authority and not by an outside agency. 7. We may state here that there is no inherent right of an examine to get his answer paper revaluated. If the Court finds it necessary to get the answer books revalued it must be carried out by the examiners approved and appointed by the examining authority and not by an outside agency. 7. We may state here that there is no inherent right of an examine to get his answer paper revaluated. But absence of provision for revaluation of answer paper of an examinee cannot take away the jurisdiction of this Court under Art. 226 of the Constitution to issue direction for revaluation of the answer paper of an examinee. If in a given case, there exist "compelling reasons" the Court would not hesitate to issue appropriate direction for revaluation of the answer paper in the interest of justice. In this context, we may refer to the following decisions of this Court reported in AIR 1991 ori 63 , (Miss Priyanka Priyadarshini v. Council of Higher Secondary Education, bhubaneswar); AIR 1993 Orissa 139, (Subrat Ghose v. Council of Higher Secondary education); (1996) 1 Orissa LR 134, (Bismaya Mohanty v. Board of Secondary education, Orissa)". ( 7 ) THE question, therefore, to be decided in the present case is whether there are compelling reasons for the Court to direct revaluation of the answer paper of the petitioner in Second Language (English ). The case that is made out in the writ petition for a direction for such re-valuation is that the petitioner has consistently secured high marks in his Class IX and Class X tests. In the annual examination of Class IX of Town high School, Sankara, Sundargarh the petltioner has secured 712 out of 750 marks which works out to about 95%. After promotion to Class X, in the Pre-test examination held in September, 2001 he obtained 700 out of 750 marks which works out to 93%. In the test examination of Class X held in December, 2001 he secured 712 out of 750 marks which works out to 95% of marks. But it is not the case of the petitioner that there is substantial difference in the total marks secured by him in these examination and tests in Class IX and Class X and the marks secured by him in the High school Certificate Examination held in 2001. Rather his case is that he has done very well in all the subjects except Second Language (English) in the High School Certificate Examination, 2002. Rather his case is that he has done very well in all the subjects except Second Language (English) in the High School Certificate Examination, 2002. The petitioner has not indicated in the writ petition as to how much marks he has secured in Second Language (English) in the Class IX annual examination, Pre-test examination held in Septem ber, 2001 and test examination held in December, 2001. All that he has stated is that he was expecting 85% of marks in Second language (English) subject. This cannot be a compelling reason for the Court to direct revaluation of the answer paper of the petitioner in Second Language (English ). ( 8 ) STILL another reason given in the writ petition is that only eleven marks were awarded to one Shri Debasis Panda in History paper in the Annual High School Certificate examination, 2002. But after revaluation of the History Paper, he was awarded 67 marks in the said History Paper and he has been placed in the best ten of the candidates who had taken the examination. In an affidavit filed on behalf of the opp. parties, it has been explained that on receipt of a representation of Shri Debasis panda it was found that he had answered a set questions but the Assistant Examiner shri Krupasindhu Sahu who evaluated the answer books of Shri Panda had been allotted B set answer books with scheme of evaluation comprising of model answers for B set and he awarded 11 (eleven) marks for the questions which were similar in A set and B sets. The Chief Examiner and the Assistant Examiner submitted their reports indicating the wrong valuation of the answer book and opined that Shri Debasis panda would have secured 67 marks if the answer book had been evaluated in accordance with the scheme of evaluation for A set questions. In the said affidavit filed on behalf of the opp. parties, it is further stated that the case of the present petitioner Shri himansu Kumar Patel is not similar to that of Shri Debasis Panda. The answer book of the petitioner in Second Language (English)related to B set questions and it was valued by an Assistant Examiner in English who has been allotted answer books of B set. parties, it is further stated that the case of the present petitioner Shri himansu Kumar Patel is not similar to that of Shri Debasis Panda. The answer book of the petitioner in Second Language (English)related to B set questions and it was valued by an Assistant Examiner in English who has been allotted answer books of B set. Thus, the reason given in the writ petition that mistakes were found in the valuation of History Paper of Shri Debasis Panda is also not a compelling reason to direct revaluation of the answer paper in Second language (English) of the petitioner. ( 9 ) THE petitioner has filed a Misc. Case no. 262 of 2002 for directing the opp. parties to produce the answer script of the petitioner in Second Language (English) paper before this Court. In Km. Farah Mustafa v. Secretary, Board of High Schools and Intermediate education, U. P. , AIR 2002 All 68 : (2002 All LJ 594), a Division Bench of the allahabad High Court has held :"9. Before parting with the case, we must observe that looking to the functions being performed by the Board, the Court should not normally pass an order for production of answer books in Court. The Board conducts the examination of over 30 lakhs students who appear in the High School and the Intermediate Examinations every year. There are five subjects in each class and each subject has two papers and thus, a student gives examination in at least 10 papers. This means that there are over three crores answer books of the students. The examinations are held in March/april and the results are declared in June. The Board has to perform a gigantic task which it is doing admirably. If the High Court starts entertaining request for production of answer sheets in Court, it will not only cast an onerous duty upon the Board but would also give rise to spate of litigation in this Court as many disgruntled or dissatisfied students may like to take a chance by filing a writ petition and getting an order for production of answer-books in Court with the object of manipulating the affairs as in the present case. We are, therefore, of the opinion that except in very rare cases where the petitioner makes out a very strong and foolproof case no order for production of answer-books in court should be passed. We are, therefore, of the opinion that except in very rare cases where the petitioner makes out a very strong and foolproof case no order for production of answer-books in court should be passed. "we agree with the aforesaid judgment of the Allahabad High Court and hold that the court would not normally pass an order for production of answer books of a candidate and the Court will pass an order for production of answer papers in Court only if a very strong and rare case is made out by the petitioner. In the present case, the petitioner has not made out such a very strong and rare case justifying an order for production of answer books of the petitioner in second Language (English ). ( 10 ) FOR the aforesaid reasons we are not inclined to direct revaluation or production of answer scripts of the petitioner in Second language (English ). We, however, direct that the opp. parties will intimate the result of checking of addition of marks applied for under Annexure 6 series to the writ petition within fifteen days from today if the same has not been intimated to him. ( 11 ) THE writ petition and the Misc. Case stand disposed of. M. PAPANNA, J. ( 12 ) I agree. Order accordingly.