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2010 DIGILAW 953 (JHR)

Syed Shamim Ahmad Madny v. State of Jharkhand

2010-09-30

AMARESHSWAR SAHAY, RAKESH RANJAN PRASAD

body2010
JUDGMENT : 1. In this application the order dated 17.5.2010 passed by this Court in W.P.(PIL) No. 1813 of 2010 has been sought to be reviewed, whereunder Jharkhand Academic Council was directed to evaluate the answer papers written in Urdu, Bengali and Oriya in non-language subjects of the intermediate (plus 2) examination held this year in 2010. 2. It appears that large number of students not less than 30,000 appeared in the intermediate (plus 2) examination held this year and answered the non-language subjects in their mother tongue i.e. Urdu, Bengali and Oriya but they were awarded zero mark on the plea that Clause 20 of 'Regulation for examination' debars the students from answering the subject of non-language papers in Urdu, Bengali and Oriya. Thereupon, the writ application bearing W.P (PIL) No. 1818 of 2010 was filed for a directing to the Jharkhand Academic Council to evaluate the answer papers of non language subject written in Urdu, Bengal; and Oriya on the ground that the aforesaid regulation, though was made in the year 2005, but was never given effect to as a result of which the students were allowed till 2009 to answer the non-language subject papers in their mother tongue, i.e. Urdu, Bengali and Oriya but all on a sudden, Academic Council without making it known to the students who appeared in the examination awarded zero mark by giving effect to said Clause 20 of Regulation of examination. 3. In the said case, a counter affidavit was filed wherein plea was taken that as per Clause 20 of the Regulation question of non language subjects of Intermediate examination are to be answered only in Hindi and English. 4. However, after hearing the parties, the order was passed on 17.5.2010 whereby the Jharkhand Academic Council was directed to evaluate the answer papers of non language subjects written in Urdu, Bengali and Oriya which order has been sought to be reviewed. 5. Mr. 4. However, after hearing the parties, the order was passed on 17.5.2010 whereby the Jharkhand Academic Council was directed to evaluate the answer papers of non language subjects written in Urdu, Bengali and Oriya which order has been sought to be reviewed. 5. Mr. Sohail Anwer, learned Advocate General appearing for the Jharkhand Academic Council submits that though there has been specific averment in the counter affidavit that Clause 20 of 'Regulation for examination' framed under Jharkhand Academic Council Act, 2002 debars students to answer the subject of non-language papers in their mother tongue, i.e. Urdu, Bengali and Oriya still in the order it was recorded that the counsel appearing for the Council admitted that although the Regulation was made in the year 2005 but there was no direction of the Council not to allow the students in intermediate (plus 2) to answer the subject of non-language paper in their mother tongue and, therefore, it is apparent that it had inadvertently been recorded as under the teeth of Regulation or Rule, no concession can be made. 6. It is true that such recording is there in the order dated 17.5.2010 but after going through the entire order, it does appear that the order under review is not based on such fact which may have been recorded inadvertently, rather the order was passed after taking into consideration that Regulation though came into force in the year 2005 but thereafter the students were allowed to take examinations in their mother languages and all on a sudden, Intermediate Council without informing the students appearing in the examination through Newspaper (sic) by sending notices to the school enforced the regulation. 7. However, it does appear that because of the pendency of the review application, evaluation of the copies could not be made and, therefore, the Jharkhand Academic Council is hereby directed to get the answer papers of the intermediate (plus 2) examination held this year i.e. 2010 written in Urdu, Bengali and Oriya by the examinees in non-language subjects, evaluate immediately so that the result be published within a month from today. 8. Consequently, the review petition stands disposed of and the contempt proceeding is dropped. This order is being passed on peculiar facts and circumstances of the present case and as such, it may not be cited as a precedence in any other case.