Madhya Pradesh High Court
Pawan Kumar vs The State Of Madhya Pradesh on 29 July, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 29TH OF JULY, 2022
WRIT PETITION NO. 16638 of 2022
Between:-
PAWAN KUMAR S/O SHRI DEVENDRA
SINGH, AGE - 18 YEARS,
OCCUPATION STUDENT, R/O WARD
NO. 11, RAM NAGAR, PACHAURIPURA
PORSA, DISTRICT MORENA
(MADHYA PRADESH)
........PETITIONER
(BY SHRI MANISH SHARMA - ADVOCATE)
AND
MADHYA PRADESH BOARD OF
SECONDARY EDUCATION THROUGH
ITS SECRETARY, M.P. NAGAR,
BHOPAL (MADHYA PRADESH)
........RESPONDENT
(BY SHRI GAURAV MISHRA - ADVOCATE)
----------------------------------------------------------------------------------------
This petition coming on for hearing this day, the Court passed the
following:
ORDER
This petition under Article 226 of the Constitution of India has been filed seeking following relief:-
2"i) The respondent specially the respondent no.
1 may kindly be directed to cheque the answer sheet of petitioner of English Subject of petitioner again and give proper marks in English Subject which comes to 46 while the respondent no. 1 has given 42 marks in English Subject as per the solve question No. 10 & 13(iii) by the petitioner, in which illegally the respondent no. 1 has given only insufficient marks to petitioner, while the petitioner is entitled to receive sufficient marks to pass without "GRTH" in the interest of justice.
ii) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted.
iii) Cost of the petition may kindly be awarded."
It is submitted by the counsel for the petitioner that the petitioner had appeared in the Higher Secondary School Examination. However, because of improper checking of the answer-sheets, the petitioner got 23 marks in theory and 19 marks in practical, which are not in accordance with the answers given by him and, accordingly, this petition has been filed. Counsel for the petitioner fairly conceded that there is no provision of revaluation. It is further submitted that coordinate Bench of this Court in the case of Sharinath Das Gupta Vs. Board of Secondary Education reported in (2018) 3 MPLJ 76 has held that it is open to the Court to have a look at the answer-sheet and compare with the model paper and if there are gross discrepancies in the answer book, then it is always open to the Court to call expert valuer of subject to re-evaluate the marks in the Court itself. Relying upon the judgment passed by the coordinate Bench of this Court in the case of Sharinath Das Gupta (supra), it is submitted that under extraordinary circumstances, answer- sheets of the students can be verified by the High Court. It is further 3 submitted that the petitioner has relied upon the answers of the questions given in the Key / Guide and, therefore, it is clear that the answers given by the petitioner were correct.
Per contra, the petition is vehemently opposed by the counsel for the State. It is submitted that answers given in the Guide or Key are not a authentic answers. The petitioner has not disclosed that he had prepared for examination as per the books recognized by the Board of Secondary Education. The petitioner has also not relied upon the model answers for the comparison of his answers.
Heard the learned counsel for the parties.
The coordinate Bench of this Court in the case of Sharinath Das Gupta (supra), has held as under:-
"10. It is not in dispute that the fate of the students depends upon the action of the teachers who evaluate his/her answerbook. In the case of Prem Ratan Agrawal v/s Board of Secondary Education [2002 (2) MPHT 570]; Board of Secondary Education v/s Rajeev Gupta [L.P.A. No.295 of 2001 - decided on 26.02.2004] this Court has held that as general rule the Court has no power to order for revaluation of the answer-sheet since the rule do not provide for revaluation, however, in extra ordinary case where student is bright and when injustice have been done, then in such cases revaluation of marks can be done specially in the case of Mathematics and Science. It is open to the Court to have a look at the answer sheet and compared with the model paper and if there are gross discrepancies in the answer book, then it is always open to the Court to call expert valuer of subject to re-evaluate the marks in the Court itself. The aforesaid view has been followed in the case of Priyanka Pandey v/s Secretary Board of Secondary Education [AIR 2007 MP 235]. The apex Court in the case of Sahiti v/s DR. NTR University of Health Sciences 4 [(2009) 1 SCC 599] has held that re-evaluation of the answer scripts in the absence of specific provision is perfectly legal but permissible in certain cases depending on its facts and circumstances.
11. In a recent judgment of the Apex Court passed in the Case of Ran Vijay Singh & Others Vs. State of Uttar Pradesh & Others, reported in (2018) 2 SCC 357, it has been held that even if the statutory rules or regulations governing the examination does not permit the revaluation of scrutiny of marks, the Court may permit revaluation or scrutiny only if it is demonstrated very clearly that material error has been committed..............."
The petitioner has claimed that his answers were correct as he had prepared the same from Key / Guide. The Key / Guide were never recognized by the Board of Secondary Education. Furthermore, there is no provision for revaluation. It is well established principle of law that this Court cannot substitute its finding over and above the findings given by an Expert appointed by the Board of Secondary Education. As the petitioner has failed to make out a prima facie case for establishing that the present is an extra ordinary circumstance warranting interference by this Court, this Court is of the considered opinion that no case is made out.
Accordingly, this petition is fails and is hereby dismissed.
(G.S. AHLUWALIA) JUDGE Abhi ABHISHEK CHATURVEDI 2022.08.01 11:33:44 +05'30'