JUDGMENT Hon’ble S.N. Srivastava, J.—Present petition has been filed for the reliefs of issuance of a writ of mandamus commanding the respondents to produce the answer book of Home Science of the petitioner and further to declare the result of scrutiny forthwith. 2. By means of order dated 1.8.2006, the Standing Counsel was directed to produce relevant answer-scripts of the petitioner alongwith order, if any, passed on scrutiny application of the petitioner. Pursuant to the aforesaid order, the relevant answer script of the petitioner has been produced before the Court. 3. From a perusal of the record it would appear that the petitioner appeared in the High School Examination 2006 as a regular student with subjects—Hindi, Sanskrit, Home Science, Science, Social Science and Drawing. Out of the aforesaid subjects, the petitioner was declared failed in Home Science showing her to have secured only 16 marks out of 100. It would further appear from the record that the petitioner applied for scrutiny accordingly. Having elicited no reply from the Madhyamik Parishad, she has ultimately knocked the door of this Court for appropriate relief aforesaid. 4. From a bare perusal of the answer script produced before the Court, it clearly transpires that the error in totaling and noting of marks on the first page is quite obtrusive and noticeable. From computing the marks awarded in the answer script it would transpire that the petitioner had in fact been awarded 52 marks as against 16 marks as indicated in the mark-sheet. 5. Learned Standing Counsel conceded the error and prayed for benign view on the ground that error was inadvertent and there is nothing on record that it was attributable to any malafide. 6. From a perusal of the mark-sheet it would appear that the performance of the petitioner in all other papers was consistently excellent she having secured 71 marks in Hindi, 76 marks in Sanskrit, 64 in Science, 65 marks in Social Science and 70 marks in Drawing except the paper under scrutiny in this Court. 7. This Court cannot be a passive pronouncer of judgment and I feel called to say that it must be active. In the instant case, it is not difficult to perceive agony and suffering undergone by the petitioner during all this period. The learned Standing Counsel also did not diverge from the view of the Court that the agony suffered by the petitioner was incalculable. In the instant case, it is not difficult to perceive agony and suffering undergone by the petitioner during all this period. The learned Standing Counsel also did not diverge from the view of the Court that the agony suffered by the petitioner was incalculable. In the facts and circumstances, I am inclined to award cost in the case considering that the error which has happened in the case was rectifiable by a little promptitude. Learned Standing Counsel prayed for taking a benign view considering that it was an inadvertent error. Regard being had to the fact that the petitioner had preferred a representation to the Board which did not yield the desired result and subsequently, he was compelled to prefer the instant petition. In the circumstances, no ground is made out to take a benign view. 8. In the facts and circumstances, the cost is quantified at Rs.10,000/- which shall be payable to the petitioner within a period not exceeding three months by the Board. The Board will be at liberty to institute enquiry and recover the aforesaid cost from the delinquent official/examiner as the case may be. Needless to say that the examiner/official shall be given full opportunity of hearing before passing any order inflicting punishment. The learned Counsel has informed the Court that Examiner who examined the copy of the petitioner was one Indira Devi having Code No. 61157. 9. The matter shall be listed after three months for further arguments. 10. In the meantime, the Board of High School and Intermediate Education U.P. is directed to issue a corrected mark-sheet to the petitioner within two weeks from the date of production of a certified copy of this order. 11. Let certified copy be issued to the learned Standing Counsel within 3 days. Order Accordingly. ———