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2005 DIGILAW 568 (PAT)

Sarvagya v. Bihar School Examination Board

2005-06-29

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ORDER Heard Mr. Gajendra Kumar Jha for the petitioner, and Mr. J.P. Shukla for the respondents. 2. According to the writ petition, the petitioner had appeared at the Matriculation Examination held in February 1999, was allotted Roll Code No. 07502, and Roll No. 0199, vide Admit - card marked Annexure - 1. He passed the examination in the first division. Photocopy copy of the marks - sheet is Annexure - 2 to the writ petition. According to the marks - sheet, the petitioner had scored 607 out of 700, and 61 out of 100 in the Sanskrit paper. The petitioner was not satisfied with evaluation of the Sanskrit paper and, therefore, approached the authorities. The petitioner's answer - book of Sanskrit was re - evaluated, as a result of which he was given 71 out of 100 marks, totaling upto 611 out of 700 marks. The revised marks - sheet is Annexure - 7 to the writ petitions. The petitioner is still dissatisfied with the scrutiny and insists for re - evaluation of the answer book of Sanskrit Hence this writ petition. 3. The respondents have placed on record their counter affidavit wherein it is stated that, after the aforesaid marks - sheet (Annexure - 2) was issued, the answer - book was subjected to scrutiny on the petitioner's insistence leading to award of 72 marks. However, it was thereafter subjected to a scrutiny at the hands of the Chief Vigilance Officer who recommended reduction of one mark for the answer of question No. 21 (Kha) which was upheld by the Board, as a result of which he has been given 71 marks in the Sanskrit paper. 4. After inspection of the answer - book learned counsel for the petitioner raises the following two grievances: (i) The answer of Question No. 21 (Kha) was evaluated by the examiner to be the correct answer and was given one mark but the same has been arbitrarily reduced to zero on the recommendation of the Board's Chief Vigilance Officer. (ii) Question no.24 has seven options out of which five have to be answered, each carry the maximum of three marks. The same are sentences in Hindi and five of which have to be translated into Sanskrit. The petitioner complains that answers of question no.24 has not been properly evaluated. 5. (ii) Question no.24 has seven options out of which five have to be answered, each carry the maximum of three marks. The same are sentences in Hindi and five of which have to be translated into Sanskrit. The petitioner complains that answers of question no.24 has not been properly evaluated. 5. I have perused the materials on record and considered the submissions of learned counsel for the parties. By the order of the Court, the petitioner's answer - book in question has been produced in original. The Board has deputed Mr. Bansi Dhar, Assistant Teacher (Sanskrit), B.M.P. (v) High School Camp Jail, Patna - 14, the Board's Official Moderator of the subject, and is present in Court. 6. The answer - book and the question paper has been handed over to the Official Moderator of the Board who has read and understood the aforesaid two questions, has also re-evaluated the answers thereto, and his report dated 29.6.2005 is on record. The following position emerges from his report: (i) In so far as question no. 21 (Kha) is concerned, the answer written by the petitioner is certified to be the correct answer and he is, therefore, entitled to the maximum of one mark. (ii) In so far as question No. 24 is concerned, the petitioner has made the mistake of answering all the seven sub-questions instead of five. Therefore, a decision has to be taken as to in what manner the five have to be selected by the examiner. The opinion of the Official Moderator with respect to each answer is as follows: Q. No. 24 (Ga) - The answer is correct and the petitioner is entitled to three marks. Q. No. 24 (Anga) - The answer is incorrect and, therefore, the petitioner is not entitled to any mark at all. Q. No. 24 (Kha) - The answer is partly correct and partly incorrect. According to him, the correct answer is HINDI Q. No. 24 (Gha) - The answer is correct and the petitioner is entitled to three remarks. Q. No. 24 (Ka) - The answer is entirely incorrect. The correct answer should be HINDI therefore, the petitioner is not entitled to any mark at all. Q. No. 24 (Cha) - The answer is correct and, therefore, the petitioner is entitled to three marks. Q. No. 24 (Ka) - The answer is entirely incorrect. The correct answer should be HINDI therefore, the petitioner is not entitled to any mark at all. Q. No. 24 (Cha) - The answer is correct and, therefore, the petitioner is entitled to three marks. Q. No. 24 (Chha) - The answer is incorrect and the correct answer should be HINDI and, therefore, the petitioner is not entitled to any mark at all. 7. In that view of the matter, let the aforesaid to be the final evaluation of the petitioner's answer - book of Sanskrit. The matter is remitted to the Bihar School Examination Board to take a final decision in the matter in accordance with the established procedure. The Board will, inter - alia, have to decide whether or not the petitioner is entitled to a liberal approach and would be entitled to part of the marks in so far as question nos. 24(Kha) is concerned. The Board will also have to decide that the petitioner will get credit for which of the five answers. Let the entire process be completed, the follow - up action in accordance with law ensured, and communicated to the petitioner within a period of six weeks. 8. The writ petition is accordingly disposed of.