Madhya Pradesh High Court
Ku. Urvashi Rai vs The State Of Madhya Pradesh on 5 February, 2018
THE HIGH COURT OF MADHYA PRADESH
WP-10027-2017
(KU. URVASHI RAI Vs THE STATE OF MADHYA PRADESH)
7
Jabalpur, Dated : 05-02-2018
Ms. Garima Tiwari, learned counsel for the petitioner.
Shri Harpreet Ruprah, learned counsel for the respondent-M.P.
Board of Secondary Education, Bhopal.
Learned counsel for the respondent-Board has produced a sealed sh envelope containing the compliance report of the order passed by this e Court on 13.12.2017. The said envelope has been opened in front of ad learned counsel for both the parties.
Pr It is a petition under Article 226 of the Constitution of India wherein re-valuation of the answer-book of the subject Political a hy Science of the petitioner, who appeared in 12th Class examination of the year 2016-17, has been sought inter-alia contending that 44 marks ad have been awarded to the petitioner in the subjected of Political M Science, which are less than she expected. According to the petitioner, she must have secured at least 70 marks out of total 100 marks in the of subject of Political Science.
rt Under the interim order of this Court dated 13.12.2017 ou directions were issued to the respondent-Board to re-value the answer- book of the subject of Political Science of petitioner by a penal of C experts in accordance with the model answers provided for the said h subject and the report in this regard be submitted on the next date. ig Learned counsel for the respondent has produced the report and H perusal of the same makes it clear that both the expert valuers of the subject have given 63 marks to the petitioner. Hence, 19 marks in the subject have been increased in addition to 44 marks which were awarded to the petitioner earlier.
In view of the aforesaid, it is directed that 63 marks in total in the subject of Political Science is obtained by the petitioner in place of 44 marks and accordingly a fresh mark sheet be issued to the petitioner by the respondent-Board Madhyamik Shiksha Mandal, Bhopal.
At this stage, learned counsel for the petitioner persuaded that a meritorious student, who secured distinctions in other subjects, has suffered for several months due to negligence on the part of respondent-Board and on account of awarding less marks, she could not appear in further examination and faced mental agony. At the last, the legitimate compensation may be granted issuing directions by this Court i.e. at lease Rs.50,000/- and cost also.
On the other hand, learned counsel representing the respondent- Board submits that the compensation or cost may not be awarded in the facts of the case and in case this Court is of the opinion that some sh cost should be imposed, it may be recovered from the persons who are e at fault.
ad After having heard learned counsel for both the parties and Pr considering the compliance report submitted by the learned counsel for the respondent, it is apparent that after re-valuation of the answer a book by the penal of experts the petitioner has secured 63 marks in the hy subject Political Science out of total 100 marks, therefore, the ad respondent-Board is directed to issue a fresh mark sheet to the M petitioner within a month from the date of production of certified copy of this order. In the facts and circumstances of the case, it is further of directed that petitioner would be entitled to the cost only of Rs.10,000/- payable by the Board and, if so advised, the Board is at rt liberty to recover the said amount from the persons who are at fault ou following the principles of natural justice. C With the aforesaid observations, this petition stands disposed of. h ig (J.K. MAHESHWARI) H JUDGE rsshukla Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2018.02.06 19:16:30 +05'30'