Adarsh Dubey vs Board Of Secondary Education, Bhopal

The petitioner in the present writ petition filed under Article 226 of the Constitution of India seeks a mandamus to the effect that answer script of

subjects 1. Hindi (Special), 2. General English and 3. Element of Science and Mathematics useful for Agriculture of Class XII (10+2) Board of

Secondary Education Madhya Pradesh Examination 2019, conducted by the respondents be revalued through subject expert.

The case of the petitioner is that she appeared in Higher Secondary School Certificate Examination-Class XIIth conducted by Board of Secondary

Education in the year 2019 and is awarded less marks in the above mentioned subjects.

In the backdrop of these submissions petitioner seeks direction for revaluation. The issue as to revaluation of answer script in case where regulation

does not provide for as in the present case is no more res integra and has been settled at rest by the decision rendered by the Supreme Court in the

case of Maharashtra State Board of Secondary and Higher Secondary Education and another V. Paritosh Bhupesh Kumar Sheth and others: AIR

1984 SC 1543, M.P. Board of Secondary Education and another V. Ku. Vinita Rupra, 1998 (1) MPLJ 59 5and The Secretary, All India Pre-

Medical/Pre-Dental Examination, C.B.S.E & Ors. v. Khushboo Shrivastava & Ors. - Civil Appeal No. 7024 of 2011 (Arising out of S.L.P. (C) NO.

10600 OF 2009) decided on 17th August 2011 as well as judgment rendered by a Division Bench in Neha Indurkhya V.

M.P. Board of Secondary Education: (2003) 3 MPLJ 368 and in Pranshu Indurkhya (Minor) V. State of M.P. and others: 2005 (2) MPHT 95 (DB).

In the case at hand, having failed to demonstrate any negligence on the part of the examiner no direction can be issued to the respondents to re-

examine the answer sheet of the petitioner.

In view whereof petition fails and is hereby dismissed. However, no costs.