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Judgment
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:
�(a) issue a writ, order or direction in the nature of mandamus directing the respondents to produce the original Answer Book of Ist and IInd Papers of Mathematics subject of the petitioner before this Hon''ble Court, and further be pleased to direct the respondents to recheck the original Answer Book of the petitioner and after rechecking of the aforesaid papers and subjects, the result of the petitioner may be declared and announced as fresh one.
(b) Issue a writ, order or direction in the nature of mandamus directing the respondents that after announcing/declaring the result of the petitioner, they may add the marks of the Mathematics subject of both the papers and issue a fresh marksheet/certificate of the examination of the year 2002 in favour of the petitioner.
(c) Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 1, decide the scrutiny application of the petitioner which is applied and is still pending.
(d) Any other writ, order or direction which this Hon''ble Court may deem fit and proper in the circumstances of the case.
(e) To award the cost of the petition to the petitioner.�
It is, interalia, alleged by the petitioner that the petitioner was a regular student of Final year of High School in the institution of the Respondent No. 3; and that the petitioner filled up the examination form of High School for the year 20012002 ; and that the petitioner was allotted Roll Number 1114816 ; and that the petitioner appeared in the aforesaid examination of the year 20012002 and gave examination of all the six subject ; and that the petitioner was declared failed in the said examination ; and that the petitioner has submitted the scrutiny form. A copy of the scrutiny form, treasury challan and the receipt thereof has been filed as Annexure2 to the writ petition. A perusal of the scrutiny form shows that the petitioner has applied for scrutiny of his answerbooks in Mathematics I and II Papers and Science II Paper.
In the circumstances, the petitioner has filed the present writ petition seeking the reliefs quoted above.
I have heard learned Counsel for the petitioner and learned Standing Counsel appearing for Respondent Nos. 1 and 2 (hereinafter referred to as �the answering respondents�).
Learned Counsel for the petitioner submits that even though the petitioner has applied for scrutiny of the answerbooks but no action has so far been taken by the answering respondents in this regard.
Learned Standing Counsel submits that the scrutiny of the answerbooks 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 answeringrespondents will complete the scrutiny of answerbooks of the petitioner for the subjects/papers of Mathematics I and II papers and Science II paper of High School Examination, 2002 expeditiously, preferably within a period of six weeks from the date of production of a certified copy of this order before the answeringrespondents along with a copy of this writ petition.
After completion of scrutiny, the result of 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 aforesaid subjects/ Papers will be preserved for a minimum of six months from the date of dispatch of the communication to the petitioner.
(b) In case, the answering 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 answerbooks of the petitioner in the aforementioned subjects/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 aforesaid subjects/papers 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 subjects/papers, the aforementioned communication to be sent to the petitioner will, interalia. contain a statement of the marks originally awarded in the answerbooks of the said subjects/papers as well as the marks awarded in such answerbooks as a result of scrutiny.
(b) In case, there is no change in the marks awarded to the petitioner, as a result of the scrutiny in the aforesaid subjects/papers, the aforementioned communication to be sent to the petitioner, besides mentioning the fact of there being ''no change'', will, interalia, contain a statement of the marks originally awarded in the answerbooks of the said subjects/papers.
The writ petition is disposed of with the aforesaid directions.