Alikesh Trivedi vs State of U.P.Through its Secretary Department of Secondary Education, U.P.At Lucknow and others

S.P. Mehrotra, J.—The present writ petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:

"(a) A writ order or direction in the nature of mandamus commanding the respondent authorities to declare the result of scrutiny examination, applied by the petitioner vide scrutiny examination application dated 30th June, 2008.

(b) Any other writ, order or direction in favour of the petitioner, as this Hon''ble Court may deem fit and proper in the present facts and circunv stances of the case, so as to secure the ends of justice otherwise the petitioner shall suffer irreparable loss injury.

(c) Award the cost of the writ petition to the petitioner."

It is, inter alia, averred in the writ petition that the petitioner appeared in High School Examination2008 conducted by the Board of High School and Intermediate Education, Uttar Pradesh; and that when the result of the petitioner was declared, he was very disappointed because his marks in Mathematics and Science were very low; and that the petitioner applied for scrutiny of answerbooks in MathematicsI Paper, MathematicsII Paper, ScienceI Paper, ScienceII Paper and ScienceIll Paper; and that the requisite fee for scrutiny was also deposited. Copies of the application for scrutiny and the receipt regarding deposit of fee have been filed as Annexure Nos. 2 and 3, respectively to the writ petition. In the circumstances, the petitioner has filed the present writ petition seeking the reliefs as mentioned above.

I have heard Sri Suresh Chandra Dwivedi, learned Counsel for the petitioner and the learned Standing Counsel appearing for respondent Nos. 1, 2 and 3, and perused the record.

It is submitted by Sri Dwivedi that even though application for scrutiny of answerbooks was submitted by the petitioner on 30.6.2008, and the requisite fee was also deposited, no action has so far been taken in the matter.

Learned Standing Counsel submits that the scrutiny of the answerbooks of the petitioner will be completed expeditiously.

Having heard the learned Counsel for the parties, the writ petition is disposed of with the following directions:

(a) The respondent Nos. 2 and 3 will complete the scrutiny of answerbooks of the petitioner in MathematicsI and II Papers and ScienceI, II and III Papers of High School Examination2008 expeditiously, preferably within a period of six weeks from the date of production of a certified copy of this order before the said respondents along with a copy of this writ petition.

After completion of the scrutiny, the result of the scrutiny will be communicated to the petitioner at the earliest by registered post.

The result of the scrutiny will also be pasted on the respective answerbooks of the petitioner, and this fact will be stated in the communication to be sent to the petitioner by registered post.

The answerbooks of the petitioner in the above papers will be preserved for a minimum period of six months from the date of dispatch of the communication to the petitioner.

(b) In case, the respondent Nos. 2 and 3 find any deficiency in the application for scrutiny submitted by the petitioner, such deficiency will be communicated to the petitioner at the earliest and the petitioner will be given reasonable time for rectifying such deficiency.

The scrutiny of the answerbooks of the petitioner in the above papers will be completed expeditiously, preferably within a period of six weeks from the date of rectification of the deficiency by the petitioner.

The result of the scrutiny will be communicated to the petitioner at the earliest by registered post.

The result of the scrutiny will also be pasted on the respective answerbooks of the petitioner, and this fact will be stated in the communication which will be sent to the petitioner by registered post.

The answerbooks of the petitioner in the above papers will be preserved for a minimum period of six months from the date of dispatch of the communication to the petitioner.

(a) In case, there is change in the marks awarded to the petitioner as a result of scrutiny in the aforesaid papers, the aforementioned communication to be sent to the petitioner will, inter alia, contain a statement of the marks originally awarded in the answerbooks of the petitioner in the aforesaid papers as well as the marks awarded in the said answerbooks as a result of scrutiny.

(b) In case, there is no change in the marks awarded to the petitioner as a result of scrutiny in the aforesaid papers, the aforementioned communication to be sent to the petitioner, besides mentioning the fact of there being no change, will, inter alia, contain a statement of marks originally awarded in the said answerbooks of the aforesaid papers.

The writ petition is disposed of with the aforesaid directions.