^pt-?-;;il ^^:s.^ '^ (? 3^^5/<-^~ ttf IN THE HIGH COURT OF JUDICATURE AT BILASPUR(C.G) Writ Petition N0 3246 /2005 3 PETITIONER s^r"v f Mukesh Kumar, S/o Nand Kumar, Aged about 19 years Occupation Student, resident of Village Bhugdeopur Nawapara, Tehsil Kharsiya District Raigarh (C.G.) VERSUS RESPONDENTS 1. The State of Chhattisgarh, Though the Secretary Department of School Education Mantralay, D.K.S. Building, Raipur (C.G) 2. Chhattisgarh Board of Secondary Education Through Registrar, Board of Secondary Education Raipur (C.G.) .^ WRIT PETITION UNDER ARTICLES 226/227 OF THE CONTITUTION OF INDIA AJ> HIGH COURT OF CHHATTSSOARHAT BILASPUR Petitjoner Versus Respondents Mykesh Kumar StateofChhattJsgarh&Others ^- ^ WRITPETITIGNUNDERARTICLE226f2270FTHECDNSTITUT10NOFlND1A (SB:Hon'bleMr.S^tishK.A9nihotn,J.) Presenfj;- Shri Sunji Sahu, Adv^cate for the petitioner. ShriN.N.Roy;Panel|-awyQrfortheS1ate/respondentNo.1 ShriPankajAgrawai,jAdvQcatefortherespondehtNo.2. [i^Ay; i, !. . :.. (Passed on 04t" day of AugusS, 2010) ThecaseofthepetitioneristhatthepetitiQnerwasdeciaredasfaij in Chemistry sybject, wherein only 5 marRs was awarded to him. The petitioner was thereafter permitfed to appear in the suppSementary examjnation jn Chemistry subject. After appearing in the suppSementary exarrilnation of jQhemistry^ s^ re-checking the marks obtained in Chemlstry in the main examination of Ciass-12th held in March,2i)04was Inereased from 5to;25,;: ! . ••: ., .:/1 ,.' j,'' 1.'1, : :''.! ;.;i..-...' '•^1-1-. Learned counsei appearlng tor the petitioner submits that since the petitionerhasatreadyappearedinthesupRlemientarysxamination, thus, the Board may be direded to awardi marks on the b^ suppiementaFy examjnatjon and deciare th^ re^ult thereon, as the petitioner expects more than 25 in the suppiementary examination i.e. about6Q out of75marRs. j <' ' . • ; - .\: '.' ^ ; • . :,..,• !;.; . . .; On the other hand, Shrj Agrawai, learnedj counsel appearing fpr respondent Board submits that on re-checRingjofansw/ersheetof Chemlstry sufciject of the main examinatijon, jtie petttioner was found as passec! and in total he wa$ declared as passed 1n Tlrst class. The supplementary examinatibn &anpc be taken^^^^l consideratjon. It amounts to permitting a 1 student to write examination. twice over to improve his performanGe in the supplementaryexaminatlon. W^^sws-SS^:Sif!;S^ ^^^^^BBBB^B8SdlBI%B181SIS8 ^l;:^^.;'i%K:^^^^;w?s^% 2 :4. On hearing iearnect courise!^r the parties, ijaerusing e pteadings* and dbcumenfs apperidedtheretQ,itisclearthatthepetitionerhas passed the 1-ligher Secpnda|y Sphool Certtficate Examination in first division (Annexyre P-4) earjier, he was awarded whereas in ttie mark sheet issued ./, & mari^ in! theory paper, which subseqyentSy on re-eliecking hwas mereased to 25 rrtarhs. Once the petitioner has been deciaredjas passed m evenifthepetitionerwasper(riittedfoappearinthesupp!ementaFy examination,thatshouldn6t|avebeentakfenintoco^ that wouidamounttograntp^rmissioritottejpetitionertownteoh more'examiriationforimprOvinghisperformahce ::i^.'..;l.?:/::;l;"l:;-j Contention of iearned counsel for the petitipner ttiat he expects 60 out of 75 marks in supplementary examination and as such 60 marks may be counted fortlie performancje in the marks sheet is without any basisanddeser^estoberejectecl. i: For the reasons mehtsoried herelnaboy^, the jaetitioher is not I1....1,j-;'^;^-i':^..: /'•'.... eEititiedtoanyreliefgsprayedforinthispetition.Thus,^^ is deyoid of merit and is accordingJY;^ismissed.! No order asto costs. Sd/- SatishK.Agnihotri Judge