Astik Kumar Pandey vs Director/Chairman,Board of High School and Intermediate Education U.P.,Allahabad & Ors.

U. K. Dhaon, J.—Heard Sri K.N. Mishra, learned Counsel for the petitioner and the learned Standing Counsel.

The brief facts of the case are that the petitioner appeared in the High School Examination 199899 from Hukkum Singh Inter College, Qaiserganj, as a regular student on the basis of Roll No. 1154134. The UP. Board of High School and Intermediate Education declared the result of the petitioner who secured the first division. The petitioner has alleged that after seeing the marksheet he was shocked as only 2 marks in Mathematics II Paper were awarded to him. The mark obtained by the petitioner in different subject is are as under:

Subject Paper Total

I II II

Hindi 22 19 30 71 383/600 Passed with First Division

English 35 32 67

Math2 41 02 43

Science2 20 23 18 61

Social Science 35 39 74

Biology 20 27 20 67

The petitioner has also alleged that the U.P. Board of High School and Intermediate Education does not have any rule of reevaluation of the mark and, therefore, the petitioner approached this Court by filing the instant petition.

This Court by the interim order dated 991999 directed the opposite to produce the answer book of Mathematics II Paper of the petitioner before this Court on 2291999. On 2291999, the learned Standing Counsel informed that Answer Book of Mathematics II Paper of the petitioner could not be obtained and as such 3091999 was fixed as the next date. On 3091999, the learned Standing Counsel again took time to produce the answer book. The same request was made on 30101999. The answer book thereafter was produced before this Court on 9112000 and 29112000. On 21112000 this Court passed the following order:

"Answer Book of MathII has been produced before this Court. The grievance of the petitioner is that there appears to be some manipulation as the writing on the cover of the answer book is that of the petitioner but the rest pages of the copy inside is not in his own hand writing. For this matter the learned Standing Counsel is directed to produced other answer books. List this petition on 7122000. On that date the answer book of other subjects of the petitioner shall be produced before this Court".

In compliance of the order passed by this Court, the learned Standing Counsel has produced before this Court the answer books of MathI Paper, MathII Paper, Social ScienceI Paper and Social ScienceII Paper. The cover pages of the answer books of MathII paper which bears the signature of the invigilator is in the hand writing of the petitioner which was compared with the cover page of answer book of MathI Paper, answer books of Social ScienceI Paper and Social ScienceII Paper. The six inside pages excluding the cover page are on different hand writing. The second answer book containing four pages out of which two are blank is also in different hand, writing which is not of the petitioner.

The learned Standing Counsel has also admitted the fact that the answer books of MathematicsII Paper are in different handwriting and he submits that it appears some mischief has been done at the center where the petitioner submitted the answer books. The marks awarded to the petitioner in MathII Paper are only 2 although he has secured 41 Marks in MathI Paper. The petitioner has secured 71 marks in Hindi, 67 in English, 61 in Science, 74 in Social Science and 67 in Biology. In paragraph8 of the writ petition the petitioner has specifically stated that he has solved all the questions of MathII Paper correctly and he hopes that he will get more than 40 marks in the said subject.

The mischief has been done either at the center where the petitioner submitted the answer books or at the place where the answer books were sent for evaluation is really shocking and it has been done deliberately with an intention to harm the petitioner. From the perusal of answer books and the marks obtained other subjects and MathematicsI in Paper, there is no dispute that the petitioner is a bright student who has to do much in his life. The Board of High School and Intermediate Education is the custodian of the answer books of the students and in the instant case in spite of sufficient time the Board could not produce the original answer of the petitioner of MathematicsII Paper.

In view of the aforesaid facts this Court has no option except to believe the averments of the petitioner made in paragraph8 of the writ petition which is uncontroverted where it has been stated that he will get more than 40 marks in MathematicsII Paper.

In the result the writ petition succeeds and accordingly the Secretary of the High School and Intermediate Education Board, Allahabad is hereby directed to award 40 marks to the petitioner in MathematicsII Paper as Mathematics is a scoring subject and issue a fresh marksheet within three weeks from the date a certified copy of this order is produced.

Keeping in view that the petitioner has suffered mental agony and shock and by awarding only 2 marks in MathematicsII Paper he could not go for better education in a better college, this Court has no option except to award Rs. 20,000 as compensation which the Board of High School and Intermediate Education, U.P., Allahabad will pay to the petitioner within two months from the date a certified copy of this order is produced.

The Secretary of the Board of the High School and Intermediate Education, U.P., Allahabad is directed to make a through enquiry into the matter and submit the report before this Court within six weeks.

U.K. Dhaon J. The Register is hereby directed to keep a photostat copy of the answer books of MathematicsII Paper of the petitioner in a sealed cover and return all answer books in a sealed cover to the learned Standing Counsel.

The Secretary of the Board of High School and Intermediate Education U.P., Allahabad, is directed to make a through enquiry into the matter and submit the report before this Court within six weeks.

List/Put up this petition on 2622001.

The ''Registrar is also directed to supply a certified copy of the order to the learned Standing Counsel free of charges.