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Patna High Court - Orders

Navratan Singh vs The Union Of India & Ors on 18 September, 2018

Author: Chakradhari Sharan Singh

Bench: Chakradhari Sharan Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.18830 of 2018
                 ======================================================
                 Navratan Singh, Son of Vijay Kumar Singh, Resident of Village-Dulhin
                 Bazar, Post Officer+ Police Station- Dilhin Bazar, Belhauri, District-Patna.

                                                                            ... ... Petitioner/s
                                                    Versus
                 1. The Union of India, through the Secretary, Human Development,
                 Government of India, New Delhi.
                 2. The Director, Central Board of Secondary Education, Delhi.
                 3. The Personal Director, Central Board of Secondary Education, Patna Zone.
                 4. The Registrar, Central Board of Secondary Education, Patna Zone.
                 5. The Examination Controller, Central Board of Secondary Education, Patna
                 Zone.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Arbind Kumar
                 For the Respondent/s   :       Mr. S.D Sanjay (Addl. Soc. Gen.)
                 For the C.B.S.E.       :       Mr. Vinay Krishna Tripathy
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
                 SINGH
                                       ORAL ORDER

2   18-09-2018

Heard learned counsel for the parties.

The petitioner seeks direction to the respondent Central Board of Secondary Education (C.B.S.E.) for re- evaluation of his answer-sheet of Physics paper, in which he has been awarded only '09' marks. The petitioner had applied for verification of his answer-sheet and the C.B.S.E., upon verification, has found that no change was required.

Learned counsel for the petitioner has attempted to persuade this Court that in view of the past performance of the petitioner in 10th Examination, the score awarded by the C.B.S.E. is highly improbable.

Patna High Court CWJC No.18830 of 2018(2) dt.18-09-2018 2/2 Learned counsel appearing on behalf of the C.B.S.E., on the other hand, has submitted that there is no provision for re-evaluation and no case has been made out on the basis of pleadings in the writ application for passing an order in exceptional circumstance.

I find force in the submission advanced on behalf of the C.B.S.E.. Mere statement of the petitioner that his performance was better in the 10th Examination, cannot be a basis for this Court to form an opinion that his performance would have been equally good in 12th Examination also.

I do not find any merit in this application, which is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) Ashish/-

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