Aman Sharma vs State of U.P. and Others

V.K. Shukla, J.—Petitioner has rushed to this Court contending therein that in Mathematics and Science subject Petitioner had been expecting to obtain 70-80 marks respectively, but unfortunately has obtained 38 marks in both the subjects as such answer sheets be summoned. Averments made is based on self assessment without there being any material in support of same. Under the provision of U.P. Act No. II of 1921 there is no provision provided for re-evaluation as such prayer made by Petitioner cannot be accepted as per the judgment of Hon''ble Apex Court in the case of Maharashtra State Board of Secondary and Higher Secondary Education and Another Vs. Paritosh Bhupeshkumar Sheth and Others, wherein Hon''ble Apex Court has clearly taken the view, that in the absence of provision of re-evaluation, direction to the said effect, cannot be accorded. Said view has been reiterated again in the case of Pramod Kumar Srivastava Vs. Chairman, Bihar Public Service Commission and Others,

Under the provision of U.P. Act No. II of 1921 and Regulation framed there under only remedy provided to the Petitioner is to apply for scrutiny and in the present case Petitioner has applied for scrutiny, in such a situation and in this background Board of High School and Intermediate U.P. at Allahabad is directed to see and ensure that said scrutiny application is taken up and decided in accordance with law preferable within four weeks from the date of presentation of certified copy of the order passed by this Court.

At last Petitioner is insisting to summon the answer sheets in question and for his subjective satisfaction.

Hon''ble Apex Court in case of West Bengal Council of Higher Secondary Education and Anr. v. Pritam Rooj and Ors. Appeal Civil 6462 of 2011 decided on 09.08.2011, while affirming the judgment of Calcutta High Court in case of University of Calcutta and Ors. v. Pritam Rooj M.A.T. No. 2 275 of 2008 and other connected matters dated 09.02.2005 has held that in case an incumbent intends to peruse the answer sheet then remedy lies in approaching authority concerned under Right to Information Act, 2005.

Petitioner has next contend before this Court that in Science piratical subject he had been awarded A-Grade mark, but in the mark sheet, same has been shown E-grade marks. For substantiating this arguments, Petitioner has appended documentary evidence at page 13 of the writ petition wherein in front of name of the Petitioner A-Grade has been down. Petitioner has applied for scrutiny and submitted that till date out come of the same has not been informed.

Consequently in this background Secretary Madhyamik Shiksha Parishad U.P. At Allahabad is directed to see and ensure that final decision is taken on scrutiny application specially keeping in Science Practical subject in accordance with law and out come of the same be intimated to the Petitioner, preferably within period of next four weeks from the date of production of certified copy of this order.

With these observations, writ petition is disposed of.