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2013 DIGILAW 471 (MP)

Board of Secondary Education v. Ku. Pooja Agarwal

2013-04-08

D.K.Paliwal, S.K.Gangele

body2013
ORDER 1. This writ appeal has been filed by the appellant against the order dated 15th February, 2013, passed by learned Single Judge in Writ Petition No. 7035/2012. (Reported in 2013 (1) MPWN 122 ). 2. By the aforesaid order, the learned Single Judge awarded a cost of Rs. 75,000/- as compensation in favour of the respondent and also awarded a cost of Rs. 5,000/- for litigation expenses and another cost of Rs. 5,000/- for having wasted the precious time and energy of the Court. 3. The respondent appeared as regular student in Class-X Examination for the Academic year 2011-2012 along-with subject of mathematics. The appellant-Board issued mark sheet to the respondent and it was mentioned in the mark sheet that the respondent received 10 out of 100 marks in mathematics. The respondent submitted an application for revaluation. The aforesaid application was rejected by the appellant- Board vide Annexure P/5 filed along-with the writ petition that there was no change. Thereafter, the respondent appeared in supplementary examination and she received 98 marks out of 100. Thereafter, the respondent filed a writ petition before the writ Court, mentioning the fact that she had not been awarded proper marks by the Board and then, the appellant- Board rectified the mistake and issued another mark sheet, in which the respondent awarded 100 marks out of 100. On the basis of the aforesaid negligence, the writ Court awarded a cost of Rs. 75,000/- as compensation in favour of the respondent. 4. Learned counsel for the appellant- Board has submitted that no injury was caused to the respondent. The respondent did not suffer any irreparable loss because she was not prevented due to wrong supply of mark sheet from appearing in any competitive examination. Hence, the award of cost is arbitrary and illegal. 5. We are not impressed by the arguments advanced by the learned counsel for the appellant- Board. Negligence of the Board is apparent. The respondent submitted an application for revaluation, which was rejected as no change. Thereafter, she was appeared in supplementary examination and when filed a writ petition before this Court, the mistake was detected by the Board and the appellant- Board issued supplementary mark sheet awarding 100 out of 100 marks to the respondent in mathematics subject. 6. In such circumstances, in our opinion, the writ Court has rightly awarded a cost of Rs. Thereafter, she was appeared in supplementary examination and when filed a writ petition before this Court, the mistake was detected by the Board and the appellant- Board issued supplementary mark sheet awarding 100 out of 100 marks to the respondent in mathematics subject. 6. In such circumstances, in our opinion, the writ Court has rightly awarded a cost of Rs. 75,000/- as compensation so the Board could be vigilant in future and it could not play with the career of the students. In the present case, the negligence of the Board is apparent because in reply to the valuation application filed by the respondent, the Board informed the student that there was no change in the marks. Subsequently, the respondent awarded 100 out of 100 marks as she secured 100 out of 100 marks. Looking to the facts and circumstances of the case, in our opinion, the writ Court has righlty awarded a cost of Rs. 75,000/- as compensation in favour of the respondent. When the compensation has been awarded by the writ Court, in our opinion, it would not be just and proper to award a cost of Rs. 5,000/- for litigation expenses and another cost of Rs. 5,000/- for having wasted the precious time and energy of the Court. Hence, the writ appeal is disposed of with the following terms:- (i) The compensation of Rs. 75,000/- awarded by learned Single Judge is upheld. (ii) The cost of Rs. 5,000/- for litigation expenses and another cost of Rs. 5,000/- for having wasted precious time and energy of the Court, awarded by learned Single Judge, are hereby set aside. (iii) The compensation of Rs. 75,000/- as awarded by learned Single Judge be paid the appellant- Board within a period of 30 days’ from the date of receipt of copy of this order, failing which it shall carry interest @ 8% per annum.