Patna High Court - Orders
Subod Kumar Singh vs Bihar School Examination Board on 3 April, 2014
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14424 of 2012
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1. Subodh Kumar Singh Son Of Diwakar Prasad Singh Resident Of Village
- Bora, P.O. - Chaknathu, Via - Ekchari, District - Bhagalpur
.... .... Petitioner/s
Versus
1. Bihar School Examination Board, Patna Through It Secretary
2. The Chairman, Bihar School Examination Board, Patna
3. The Secretary, Bihar School Examination Board, Patna
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dhirendra Nath Jha
For the Respondent/s : Mr. Piyush Lall
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
9 03-04-2014Heard learned counsel for the petitioner and the State.
In this case, petitioner has sought relief of mandamus commanding the respondent concerned to correct the result of the petitioner after revaluation of marks in each subject for Secondary Teachers Eligibility Test, 2011.
The Bihar School Examination Board had conducted the Eligibility Test 2011 petitioner was one of the applicant opted Chemistry and Botany as the subjects of his choice. When the result was published petitioner could not crack and was not satisfied with the marks scored. He filed an application under the RTI Act accordingly, information was supplied to the petitioner vide Letter No.; 1745 dated 15th January 2014 (Annexure-7) along with OMR sheet attached with the supplementary affidavit. Patna High Court CWJC No.14424 of 2012 (9) dt.03-04-2014 2/3
Counsel for the petitioner submitted that OMR sheet supplied to the petitioner is quite different to the OMR sheet attached with the counter affidavit, shows a wrong act has been done to him and allegation has been made that his OMR sheet has been changed and made a request for production of original record.
This Court directed the counsel for the Board for product ion of original OMR sheet of the petitioner which has been produced before this Court. The OMR sheet was shown to the petitioner who authenticated the OMR sheet filled in by him and also satisfied with the Code Number and Serial Number printed therein. On comparison, this Court does not find difference in the original OMR sheet and the OMR sheet attached with the counter affidavit, though there are difference in the OMR sheet suppli3ed under the RTI Act. This Court is satisfied with the original OMR sheet produced and this Court is satisfied that no wrong has been done. There is no provision for reevaluation of OMR sheet in multiple choice question evaluated by Computer and will not make any difference on reevaluation. This Court does not find any foul play has been committed and mere allegation is not sufficient, unless it is supported by some documentary evidence.
Patna High Court CWJC No.14424 of 2012 (9) dt.03-04-20143/3
As this Court does not find any error in the evaluation of the OMR sheet of the petitioner and the marks given to him, this Court does not feel inclined to pass order in favour of petitioner.
Accordingly this petition is dismissed.
The original OMR sheet is being returned to the learned counsel for the Board.
(Shivaji Pandey, J) Jay/-