Orissa High Court
Subhashakti Tripathy vs The Controller on 15 July, 2022
Author: M.S.Sahoo
Bench: M.S.Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 15656 of 2022
Subhashakti Tripathy .... Petitioner
Mr. Rajib Lochan Pattnaik, Advocate
-versus-
The Controller, Board of .... Opp. Parties
Secondary Education, Odisha
and others
Mr. B. Mohanty, SC, S&ME Department
for OP No.3
CORAM:
JUSTICE M.S.SAHOO
ORDER(Oral)
Order No. 15.7.2022 01 1. This matter is taken up through hybrid mode.
2. Learned counsel for the petitioner seeks liberty to correct the index page of the writ petition wherein some inadvertent typographical mistakes have crept in.
3. Prayer is allowed.
4. Learned counsel for petitioner is permitted to correct the cause-title of the index page by putting his initials.
5. Petitioner is a minor represented through his father- guardian, has approached this Court.
6. In essence the writ petition has been filed raising a grievance that the answer scripts of 3rd & 4th Practice Test conducted by O.P. No.4-Private School i.e. Saraswati Sisu Mandir, Nuagada, Nabarangpur should have been provided to him.
7. A Scheme was formulated by the Board of Secondary Education, when the Class-X examination could not be conducted in the year 2021, for assessing the students on the basis of the earlier examinations conducted for Classes IX & X, as per the notification No. 2933/Exam.Conf/Dt.07.05.2021 on Alternative Method of Assessment for award of marks in all Class -X notified by the Government, Department of School & Mass Education. The students were evaluated on the basis of their past performance in the School examination for Class IX & X. After the evaluation was made and the results were published it seems the students and parents are aggrieved by the percentage of mark that was calculated on the basis of the method of evaluation.
8. Learned counsel for the petitioner refers to the Order No. 205 dated 21.2.2022, passed by the Board of Secondary Education Odisha (Annexure-7 to the writ petition) which indicates the following :
"It was categorically stated in the notification published by the Board that, is any student will be dissatisfied with his/her result, he/she can opt. for appearing at the offline examination once the COVID-19 situation improves. Accordingly the B.S.E. Odisha has conducted the offline examination from 30/07/2021 to 05/08/2021.
In Notification No.2933/Exam. Conf/Dt.07.05.2021 on Alternative Method of Assessment for award of marks in all Class-X equivalent examinations conducted by the Board of Secondary Education Odisha, Cuttack in point 6(b) it has been specifically Mentioned that, "The 1st copy of Tabulation Register (T.R) will be retained by the school. The said copy of the T.R. alongwith other records such as answer books, absentee statement of all the Class-IX & X Examinations are to be kept in sealed condition under lock and key by the school". So, the answer books are not available with the Board."
9. In the case at hand the student though is dissatisfied in the result in the alternative method of evaluation in absence of actual examination did not opt to appear offline/physical examination conducted by the Board of Secondary Education Odisha after COVID-19 situation improved.
10. In considered view of this Court, since the answer script referred to in the prayer portion of the writ petition, i.e., Page 2 of 3 answer scripts of 3rd and 4th Practice Test and the question papers which has prepared by the Opposie Party No.04, is not supported to be in custody of the Examining/Statutory Body-B.S.E.O., the writ petition is devoid of any merit as far as the prayer to produce the questions and answer scripts against the OPs.1 to 3 are concerned.
11. Learned Standing Counsel for O.P. No.3 submits that they have nothing to do with any private school-O.P. No.4.
12. Learned counsel for the petitioner seeks accommodation to obtain instruction from the petitioner.
13. As prayed for, list on 5.8.2022.
(M.S.Sahoo)
dutta Judge
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