THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL No.418 of 2010 Dated:16.07.2010 Between: T.Sai. ...Appellant And The Board of Intermediate Education, Rep.by its Secretary, Nampally, Hyderabad. ...Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL No.418 of 2010 JUDGMENT: (per Hon’ble Sri Justice V.V.S.Rao) The appellant appeared for second year Intermediate examination conducted by the respondent, namely, Board of Intermediate Education (BIE) in March 2009. He is required to score minimum 21 marks out of 60 to pass in every paper. He secured 12 marks in Physics Paper II. He was declared failed. He appeared for instant examination in May/June 2009. This time he secured 15 marks. BIE regulations provide for reverification of marks. He applied for it by paying requisite fee. He was furnished the Xerox copy of his Physics Paper II answer book. He alleges that there are corrections/overwriting while awarding marks, and that the same was done to cover up mistakes of not giving/not calculating marks correctly. He also alleged that he was not awarded any marks for the correct answer “peltier effect”. He also alleged that there is a discrepancy in awarding marks. According to him even if there is no rule for revaluation, the Court can order revaluation to meet the ends of justice. Therefore, he filed the writ petition seeking a direction to BIE to get the Physics Paper II reverified by independent examiner and declare him as having passed the Intermediate Examination. The learned Judge by impugned judgment dismissed the writ petition, in limine, by a reasoned order. In this appeal the Counsel reiterates the contentions which were urged before the learned single Judge. None appears for the respondent Board. It is axiomatic that ordinarily the Court of judicial review does not interfere in academic matters. Even though the issues in the field of academic field to a limited extent are justiciable, in the matter of evaluation of answer script the Court cannot be expected to have expertise to examine the validity, rationality, or reasonability in awarding the marks by the examiners (see University of Mysore v C.D.Govinda Rao[1], J.P.Kulshrestha v Allahabad University[2], Maharashtra State Board of S.H.S.Education v Paritosh Bhupeshkumar Sheth[3], State of Uttar Pradesh v D.K.Singh[4], Bhushan Uttam Khare v Dean, B.J.Medical College[5] and National Institute of Medial Health v Kalyana Raman[6]). The questions whether the examiner properly awarded marks, whether the discrepancies crept in the evaluation, and whether the corrections made by the examiner were justified are all the matters, which lack adjudicative disposition. The examiners do not perform judicial functions nor quasi-judicial functions. When the knowledge of a student after completion of course is tested by the examiners by awarding marks and declaring the successful completion of the course (a pass in the examination), it is presumed that the examiners’ approach is impartial, unbiased and bona fide. Therefore, no examiner is under legal obligation to give reasons as to how an examination paper is evaluated. Fairness in evaluation of examination paper is implicit and presumed. If a paper is evaluated by a group of examiners presumption is stronger. Nonetheless, with the assistance of the Counsel for the appellant we have thoroughly perused the Xerox copy of Physics Paper II annexed to the appeal. We do not find any strong reason to differ with the learned single Judge. There is no dispute that BIE do not provide for revaluation, and therefore, the question of revaluing the appellant’s paper does not arise. The Writ Appeal is devoid of any merit and is accordingly dismissed. _______________ (V.V.S.RAO, J) _____________________________ (VILAS V.AFZULPURKAR, J) 16.07.2010 vs [1] AIR 1965 SC 491 [2] (1980) 3 SCC 418 = AIR 1980 SC 2141 [3] (1984) 4 SCC 27 = AIR 1984 SC 1543 [4] (1986) 4 SCC 160 = AIR 1987 SC 190 [5] (1992) 2 SCC 220 = AIR 1992 SC 917 [6] AIR 1992 SC 1806