Patna High Court - Orders
Ank Mitra vs The State Of Bihar & Ors on 9 October, 2018
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20070 of 2018
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Ank Mitra, Son of Kaloo, resident of village-Tajpur, P.S.-Tajpur, District-
Samastipur through his natural guardian, the father Sri Kaloo S/o Ram
Swarup Sah, Resident of Village-Tajpur, P.S. Tajpur, District-Samastipur
... ... Petitioner/s
Versus
1. The State Of Bihar, through the Principal Secretary, Human Resource
Development Department, Govt. of Bihar, Patna
2. The Principal Secretary, Human Resource Development Department, Govt.
of Bihar, Patna
3. The Director, Higher Secondary Human Resource Development
Department, Govt. of Bihar, Patna
4. The Chairman, Bihar School Examination Board, Patna
5. The Secretary, Bihar School Examination Board, Patna
6. The Examination Controller, High Secondary, B.S.E.B, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Surendra Kumar Singh
Ms. Sudha Chandra
For the Respondent/s : Mr. Jitendra Kr. Roy 1- SC-13
For the Board : Mr. Gyan Shankar
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
2 09-10-2018Heard learned counsel for the parties.
2. The petitioner had participated in the matriculation examination held by the Bihar School Examination Board in 2018. He has been awarded 37 marks in mathematics and 59 marks in Social Science out of 100, whereas it is his claim that he should have been awarded at least 87 and 79 marks respectively in the said subjects.
3. The petitioner in that background, is seeking a direction to the Bihar School Examination Board to re-evaluate the answer- sheets of the petitioner of the said two subjects. Patna High Court CWJC No.20070 of 2018(2) dt.09-10-2018 2/2
4. The petitioner had applied for scrutiny of his answer- sheets, where after the petitioner has been given one more marks in mathematics than what was initially awarded. In the other subjects, no change has been found.
5. The petitioner had applied for supply copies of his answer-sheets of the said two subjects under the Right to Information Act before the Board, which too, according to him, have not been supplied to him. There is no provision for re-evaluation of the answer-sheets under the extant Examination Regulations. The petitioner has not been able to make out an exceptional circumstance for this Court to issue a direction as being sought. If the petitioner has not been provided any information under the Right to Information Act as is being claimed, the petitioner has remedy of appeal before the appellate authority under the Right to Information Act.
5. The direction as being sought in the writ application, in the background of the above, cannot be issued in the facts and circumstances of the present case.
6. This application is, accordingly, dismissed.
(Chakradhari Sharan Singh, J) arun/-
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