3. It is submitted by counsel for petitioner that a Co-ordinate Bench
of this Court in the case of Sharinath Das Gupta Vs. Board of
Secondary Education reported in 2018 (3) M.P.L.J. 76 has held that
under exceptional circumstances revaluation can be directed and
therefore, it is prayed that the answer-sheet may be directed to be
revaluated.
7. Even if the judgment passed by the coordinate Bench of this Court
in the case of Sharinath Das Gupta Vs. Board of Secondary
Education reported in 2018 (3) M.P.L.J. 76 is considered, still the
petitioner has failed to make out an exceptional circumstance. The
petitioner has not filed the copies of the books, which were referred by
him. In order to find out as to whether the petitioner has made out some
exceptional circumstance requiring revaluation, the petitioner was
permitted to point out some of the disputed questions as model
questions. Accordingly, petitioner referred question nos.8, 9 and 10 of
Signature Not VerifiedSigned by: ARUN KUMARMISHRASigning time: 26-07-202417:25:23 5 W.P. No.18656/2024
the subject of Chemistry. After comparing with the model answer-
sheets, it was found that either those answers were incomplete or were
not correct. This Court has to give preference to the view of the experts
appointed by the Board and their view cannot be substituted by the
Court appointed experts.
The counsel for the petitioner has also relied upon a
judgment passed by the coordinate Bench of this Court in the case of
Sharinath Das Gupta Vs. Board of Secondary Education reported in
2018 (3) M.P.L.J. 76 reported in 2018 (3) MPLJ 76 and submitted that
in exceptional circumstances the Court can direct for revaluation.
7. Even if the judgment passed by the Coordinate Bench of this
Court in the case of Sharinath Das Gupta Vs. Board of Secondary
Education reported in 2018 (3) M.P.L.J. 76 is considered, still
petitioner has failed to point out any exceptional circumstances
warranting revaluation of answer-sheet of petitioner by a Court
appointed expert. Merely because the petitioner is of the view that her
answers were correct, is not sufficient for this Court to direct for
revaluation specifically when there is no provision for the same.
7. Even if the judgment passed by the Coordinate
oordinate Bench of this
Court in the case of Sharinath Das Gupta Vs. Board of Secondary
Education reported in 2018 (3) M.P.L.J. 76 is considered, still
petitioner has failed to point out any exceptional circumstances
warranting revaluation of answer-sheet
answer sheet of petitioner by a Court
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JBP:42660
5 W.P. No.19559/2024
appointed expert. Merely because the petitioner is of the view that his
answers were correct, is not sufficient for this Court to direct for
revaluation specifically when there is no provision for the same.
7. Even if the judgment passed by the Coordinate Bench of this
Court in the case of Sharinath Das Gupta Vs. Board of Secondary
Education reported in 2018 (3) M.P.L.J. 76 is considered, still
petitioner has failed to point out any exceptional circumstances
warranting revaluation of answer-sheets of petitioner by a Court
appointed expert. Merely because the petitioner is of the view that her
answers were correct, is not sufficient for this Court to direct for
revaluation specifically when there is no provision for the same.
In support of his
contentions, learned counsel for the petitioner has placed reliance upon the order
dated 15/03/2018 passed by the co-ordinate Bench of this Court at Indore in W.P.
No. 4517/2017 (Sharinath Das Gupta vs. Board of Secondary Education),
whereby, the co-ordinate Bench of this Court by entering into the merits of the
answers attempted by the petitioner therein has allowed the writ petition and has
directed to award two marks to the petitioner therein. It is also the case of the
petitioner that as against 41 marks granted to her in the subject Mathematics, she
ought to have been granted more than 70 marks.
Later on :- Ms. Saroj Deharia, counsel for the petitioner appears before
the Court and submits that her rejoinder be taken on record. Alogwith the
rejoinder she has filed copy of order dated 15/3/2018 passed by Indore Bench
of this High Court in W.P.No.4517/2017 (Sarinath Das Gupta Vs. Board of
Secondary Education), wherein Coordinate Bench reached to a conclusion that
petitioner correctly answered question no.6 and he is a meritorious student who
had secured 96 marks out of 100 in the said subject, therefore he deserves two
more marks in the subject and allowed the writ petition.