Jharkhand High Court
Yashawant Kumar vs The State Of Jharkhand on 20 June, 2018
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 802 of 2016
Yashawant Kumar ..... Petitioner
Versus
1. The State of Jharkhand, through the Secretary/Principal Secretary, School
Education and Literacy Department, Government of Jharkhand, Ranchi
2. The Jharkhand Academic Council, through its Chairman, Ranchi
3. The Secretary, Jharkhand Academic Council, Ranchi ..... Respondents
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CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner Mr. Manoj Tandon
For the JAC: Ms. Richa Sanchita
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12/20.06.2018 The sealed cover containing answer sheets of four subjects, namely,
Mathematics, Economics, English and Political Science of the petitioner has been opened in the Court. The said answer sheets have been cursorily perused by this Court and have also been shown to the learned counsel for the parties as well as Mr. Satyajit Kumar Singh, the Controller of Examination, Jharkhand Academic Council, Ranchi.
On perusal of the said answer sheets, it prima farcie appears that some of the answers have been re-evaluated by overwriting the marks originally awarded to the petitioner which indicate that the evaluator has not only made retotaling of the marks originally awarded to the petitioner, but has also re- evaluated the answer sheets of the said subjects.
By way of filing the counter affidavit, the respondent-JAC has brought on record the relevant part of the Regulations for Examination approved by it under Section 27(b)(c) of the Jharkhand Academic Council Act, 2002. The respondent- JAC has also relied upon the provisions of Clauses 32, 33 & also part of Clause 34 of the said Regulations. However, nothing has been brought on record by the respondent-JAC as to whether any provision is there with regard to scrutiny/re- evaluation of answer sheets of top 20 students in the Intermediate Examination. Moreover, the procedure which has been followed in the process of scrutiny/re- evaluation of the petitioner's answer sheets of said subjects has also not been brought on record.
Accordingly, the respondent-JAC is directed to file a supplementary counter affidavit on the aforesaid aspects.
The said answer sheets of the petitioner have again been put in the cover and resealed by the Court Master.
It seems appropriate that the learned counsel for the petitioner as well as Jharkhand Academic Council should be provided the photo copies of the said answer sheets of the petitioner before proceeding further in the matter.
Accordingly, the Registrar General is directed to get the sealed cover opened in his presence and to ensure supply of one copy each of all the said four answer sheets to the learned counsel for the petitioner and the respondent- JAC. The said exercise shall be done by the Register General within a period of ten days. After supply of the copies of the answer sheets to the respective learned counsel, the said answer sheets shall again be put in the cover and resealed and be handed over to the Court Master.
So far as the sealed cover containing the petitioner's answer sheets of History and Hindi subjects is concerned, the same is returned to the learned counsel for the respondent-JAC, as no dispute has been raised by the petitioner with regard to the said subjects.
Put up this case on 24.07.2018 under the heading 'For Admission'. Let a copy of the order be handed over to the learned counsel for the parties.
Satish/- (RAJESH SHANKAR, J)