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2004 DIGILAW 571 (MP)

Ashish Garg v. State of M. P. and Ors.

2004-07-26

ARUN MISHRA

body2004
Judgment ( 1. ) IN this petition, petitioner has prayed for revaluation in the examination held in March, 2003. Petitioner has obtained in Hindi 75 marks out of 100, in English 38 out of 50, in Physics 50 out of 100, in Chemistry 63 out of 100 and in Biology 90 out of 100. Revaluation has been prayed in Physics and Chemistry. The facts have riot been pleaded in objective manner in the writ petition. What were the questions attempted, with the help of which text petitioner claims that he attempted the questions rightly and his answers were correct, no such details have been given. Writ petition is bereft of details. The only averment made is that as per the performance the petitioner was expecting better marks which is based on subjective satisfaction and ipse dixit of petitioner. Several lakhs of students appear in the examination. There is no provision in regulations framed by the Board. Board preserves the answer-sheets only for four months as per Regulation 119 (6) of the Regulations of the Board of Secondary Education Madhya Pradesh. Regulation 119 (6) is quoted below :- "119. Verification of marks obtained by a candidate in subject: (6) All the valued answer-books of the Boards examination will be destroyed after the period of 120 days (one hundred twenty) from the date of declaration of the results and no identification of any of the answer-books shall be possible being under process of their destruction. " ( 2. ) THIS writ petition was filed belatedly in 2004. Results were declared in June, 2003. In the absence of power of revaluation, this Court can not direct revaluation as finality attached to examination conducted by the Board. Decision of this Court has been affirmed by a Division of this Court in Neha Indurkhya v. M. P. Board of Secondary Education, Bhopal, in 2003 (3) M. P. H. T. 311 (DB) = 2003 (3) MPLJ 368 in LPA, it has been held thus :- "15. The matter needs to be examined from yet another angle. Lacs of students appear every year in Final Examinations conducted by the respondent Board, for Class X and XII. In addition, thousands of student appear every year in the supplementary examinations for these classes. The matter needs to be examined from yet another angle. Lacs of students appear every year in Final Examinations conducted by the respondent Board, for Class X and XII. In addition, thousands of student appear every year in the supplementary examinations for these classes. In the above background, any direction for "revaluation of answer papers" of the students seeking such "revaluation", the number whereof would certainly be in thousands and thousands, if not in lacs, will not only create practical difficulties for the Board, but also is bound to throw the entire system out of gear. " ( 3. ) IN Maharashtra State Board of Secondary and Higher Secondary Education and Anr. v. Paritosh Bhupesh Kumarsheth and Ors. , AIR 1984 SC 1543 , it has been held by the Apex Court thus :- "27. . . . . . . Further, it is in the public interest that the results of public examinations when published should have some finality attached to them. If inspection, verification in the presence of the candidates and revaluation are to be allowed as of right, it may lead to gross and indefinite uncertainty, particularly in regard to the relative ranking etc. of the candidates, besides leading to utter confusion on account of the enormity of the labour and time involved in the process. " "29. Far from advancing public interest and fair play to the other candidates in general, any such interpretation of the legal position would be wholly defeasive of the same. As has been repeatedly pointed out by this Court, the Court should be extremely reluctant to substitute its own views as to what is wise, prudent and proper in relation to academic matters in preference to those formulated by professional men possessing technical expertise and rich experience of actual day-to-day working of educational institutions and the department controlling them. It will be wholly wrong for the Court to make a pedantic and purely idealistic approach to the problems of this nature, isolated from the actual realities and grass-root problems involved in the working of the system and unmindful of the consequences which would emanate if a purely idealistic view as opposed to a pragmatic one were to be propounded. It will be wholly wrong for the Court to make a pedantic and purely idealistic approach to the problems of this nature, isolated from the actual realities and grass-root problems involved in the working of the system and unmindful of the consequences which would emanate if a purely idealistic view as opposed to a pragmatic one were to be propounded. It is equally important that the Court should also, as far as possible, avoid any decision or interpretation of a statutory provision, rule or bye-law which would bring about the result of rendering the system unworkable in practice. It is unfortunate that this principle has not been adequately kept in mind by the High Court, while deciding the instant case. " ( 4. ) IN view of above mentioned discussion, this case is not such which shocks the judicial conscience calling for interference in the writ petition. I find no ground to make interference in this writ petition. Same is dismissed.