Avanish Kumar Shukla vs Board of High School and Intermediate Education, U.P.

S.P. Mehrotra, J.—This writ petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter alia, praying for the following reliefs:

(i) issue a writ, order or direction in the nature of mandamus commanding the Respondent to decide the scrutiny of the English II paper, Hindi Ist paper, Science Ist paper, Social Science II paper and Sanskrit subject for the kind perusal of this Hon''ble Court having Roll No. 1139604.

(ii) issue a writ, order or direction in the nature of mandamus commanding the Respondent to issue a fresh mark-sheet of High School Examination, 2002, in case, there is change of marks in the subject of English IInd paper and Hindi 1st paper, Science 1st paper, Social Science IInd paper and Sanskrit subject of the Petitioner declare meritorious position in the aforesaid examination.

(iii) issue any other writ, order or direction which Hon''ble Court may deem fit and proper under the circumstances of the case.

(iv) Award cost of the writ petition to the Petitioner against the Respondents.

It is, inter alia, alleged by the Petitioner that the Petitioner appeared in the High School Examination for the session 2002 in the Science group as a regular candidate from R. P. Intermediate College, Sirsa, Tehsil Meja, Allahabad ; and that the Petitioner was allotted Roll No. 1139604 ; and that the Petitioner secured 358 marks out of 600 marks and passed in IInd Division and that the Petitioner applied for scrutiny of his answer book in the subject Hindi 1st paper, English IInd paper, Science Ist and IIIrd paper, Social Science IInd paper and Sanskrit ; and that the Petitioner deposited the requisite fees for the scrutiny of his answer books (Photo copy of the scrutiny form along with receipt regarding the deposit of the requisite fee has been filed as Annexure-2 to the writ petition).

In the circumstances, the Petitioner has filed this writ petition seeking reliefs quoted above.

I have heard Sri Yashvant Singh, learned Counsel for the Petitioner and learned standing counsel appearing for Respondent Nos. 1 and 2.

Learned Counsel for the Petitioner submits that even though the Petitioner has applied for scrutiny of answer books, but no action has so far been taken by the Respondents.

Learned standing counsel submits that the scrutiny of the answer books of the Petitioner will be completed expeditiously.

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

(1-a) The Respondent Nos. 1 and 2 will complete the scrutiny of answer books of the Petitioner in the subjects/papers English IInd paper, Hindi 1st paper, Science 1st and IIIrd paper, Social Science IInd paper and Sanskrit subject of High School Examination, 2002, expeditiously, prefe-rably 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 the registered post. The result of the scrutiny will also be pasted on the respective answer books of the Petitioner, and this fact will be stated in the communication to be sent to the Petitioner by registered post.

The answer books of the Petitioner in English IInd paper, Hindi Ist paper, Science Ist and IIIrd papers, Social Science IInd paper and Sanskrit subject will be preserved for a minimum of six months from the date of dispatch of the communication to the Petitioner.

(b) In case, the Respondents 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 answer books of the Petitioner in English IInd paper, Hindi Ist paper, Science Ist and IIIrd papers, Social Science IInd paper and Sanskrit subject 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 answer books of the Petitioner, and this fact will be stated in the communication which will sent to the Petitioner by registered post. The answer book of the Petitioner in English IInd paper, Hindi Ist paper, Science Ist and II Ird papers, Social Science IInd paper and Sanskrit will be preserved for a minimum of six months from the date of dispatch of the communication to the Petitioner.

(2-a) In case, there is change in the marks awarded to the Petitioner as a result of scrutiny in the aforesaid English IInd paper, Hindi Ist paper, Science Ist and IIIrd papers, Social Science IInd paper and Sanskrit, the aforementioned communication to be sent to the Petitioner will, inter alia, contain a statement of the marks originally awarded in the answer books of the Petitioner in the aforesaid subjects/papers as well as marks awarded in the said answer books 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 English IInd paper, Hindi Ist paper, Science Ist and IIIrd papers, Social Science IInd paper and Sanskrit, 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 the marks originally awarded in the answer books of the Petitioner in the aforesaid subjects/papers.

The writ petition is disposed of with the aforesaid directions.