Anuj Kumar (Minor) vs Board of School Education and Another

V.K. Bist, J.—By means of this writ petition, petitioner has sought a writ in the nature of mandamus directing the respondent to produce the copies/record of the petitioner''s answer sheet of Social Science Subject and recheck the copy of the petitioner. Further prayer has been made by the petitioner to recalculate the marks of the petitioner.

Learned Counsel for the petitioner submitted that the petitioner appeared in Class X examination, 2010 from Government Intermediate College, Roorkee, Haridwar with the subjects Hindi, English, Mathematics, Science, Social Science (Additional Subject) and Sanskrit. His roll number was 0006117. He did his papers very well but when result was declared, he was shocked to see his marks as marks awarded to him are much less than his expectation. He applied for scrutiny and also deposited the requisite fee. Learned Counsel for the petitioner also submitted that the petitioner is very hopeful that after scrutiny the marks awarded to him will be increased. He further submitted that at present the petitioner is a failed candidate, therefore, he cannot apply for higher classes. In case scrutiny is done at the earliest and if his result is changed, he will be able to take admission in higher classes. Learned Counsel for the petitioner prayed that in these circumstances the answer sheets of the petitioner be rechecked. This prayer of the petitioner cannot be allowed in view of the fact that there is no rule which provides rechecking and also in view of the law laid down in the judgment of Hon''ble Apex Court reported in Maharashtra State Board of Secondary and Higher Secondary Education and Another Vs. Paritosh Bhupeshkumar Sheth and Others, . However, since the petitioner has applied for the scrutiny and deposited the required fee in time, respondent is directed to scrutinize the answer sheet of the petitioner expeditiously, preferably within a period of six weeks from the date of production of certified copy of the order.

With this observation, the writ petition is disposed of.

Interim Relief Application No. 6096 of 2010 also stands disposed of.