IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13102 of 2005 RAVI RANJAN KUMAR SON OF MADHESHWAR SINGH RESIDNET OF VILLAGE HANKAR TOLA, P.S. PIRO DISTRICT BHOJPUR. Versus 1. THE STATE OF BIHAR 2. SECRETARY, BIHAR SCHOOL EXAMINATIN BOARD, PATNA. 3. JOINT SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA. 4. DEPUTY SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA. 5. HEADMASTER, HIGH SCHOOL BIKRAMGANJ, ROHTAS. ----------- 4 08/10/2010 Heard learned counsel for the parties. The Court directed production of original answer book of the petitioner. The same was looked into not only by the Court but even by the learned counsel for the petitioner, who was given an opportunity to have a look at it. In view of what has emerged from the marking given to the various answers there is no dispute that initially petitioner was awarded 38 marks and yet another mark was awarded by the moderator. Since all the sheets attached with the answer book have been evaluated and marks given by the respondents, then the stand taken in the counter affidavit with regard to giving number and signature etc. on the - 2 - extra answer sheet which was required to be done by the candidate have no meaning. The objection now is hyper technicality, when the said objection was not taken while evaluating the answer sheet of the petitioner. No objection was taken with regard to the authenticity of the extra sheet which came to be attached and answered by the petitioner. Evaluation of merit of the candidate is the primary issue in conduct of an examination. He is not trying to run a hurdle race where you can trip an examinee on the technicality of the rules. If the petitioner had acquired 39 marks in the evaluation which has now been certified from perusal of the original answer sheet, irrespective of the stand taken by the respondents in the counter affidavit or the so called judgment relied upon by them in this regard, the Court directs the respondents Bihar School Examination Board to issue fresh marks sheet to the petitioner showing 39 marks in Math paper for which the petitioner had appeared in 2003. Original answer sheet is being returned to the learned counsel for the Bihar School Examination Board for taking follow up action. - 3 - This writ application is allowed. Let a decision in this regard be taken within a time frame of three months from the date of production or communication of a copy of this order. AMIN/ (Ajay Kumar Tripathi, J.)