^ '^1. co^e No*—- 1- - ^^ IN THE HIGHCOURTOF JUDICATURE ATBILASPURIC.G.) W.P.NO. 2-1 ^ OF 2003. / PETITIONER .<-••• ^-•s^"' o>?Q.y ..< ..^^ .^^ •—d"'*'' ./"' <<e>/ RESPONDENTS VERSUS / Tarun Verma, aged about 17 years (minbr) s/o. Shri_.S.K. Veriria, R/o New Aadarsh Nagar Borsi Road Durg. Distt. Durg (C.G.) through his Natural Guardian (Father) Shri S.K, Verma, son of Shri D.R. Verma, aged about 44 years, resident of New Aadarsh Nagar, Borsi Road, Durg, Distt. Durg (CG) :1. The State of Chhatisgarh, through the Secretary Department of School Education Mantralay, D.K.S- Building , Raipur (C.G.) 2. The Secretary , / Board of Education, Raipur Tah. 8;, (Chhattisgarh) 3. . The Principal, B.N.S. English Medium Higher Secondaiy School Sector 8 Bhilai Distt. Durg. (C.G.) Secondary Chhattisgarh, Distt. Raipur WRIT PETITION UNDER ARTICLES 22'6/2270F THE GONSITITUTION OF INDIA II-:1. HI6H COURT OF JU&ICATURE CHHATraS6ARH: BILASPUR (C.6.) SIN6LE BENCH:" HON'BLE SHRI L.C. BHADOO. J WKTT PFTmON N0.2174 OF 2003 O R D E R POST rr FOR:/^^/08/2003 SdA L.C. Bhadoo Judge HI6H COURT OF JUMCATURE CHHArTCSSARH: BILASPUR SIN6LE BENCH: HON'BLE SHRI L.C. BHA&OO. J WRTT PETmON N0.21740F 2003 Tarun Verma VERSUS State of Chhatt-isgat-h ond others Present; Mr. P.P. Sahu, Advocote for the petitioner Miss Sharmila Singhai, Dy. 6ovt. Advocate, for the State/respondent. O R & E R (Passed m^of August 2003) The petitibner hos preferred 'fhis petition under Article 226/227 of the Constitution of Indio for seeking an order from this Court to command the respondents to produce the entire answer sheets of the petitioner and to direct them to recheck th®san» in presence of the petitioner ond to direct the respondents that after revaluation of all the answer sheets fresh mark sheet be issued. (2) Petitioner's petitionis that he appeared in Chss-XII examination of 2003 conducted by respondent No.2. Thepetitioner is still in shock because the marks awarded to him was not satisfactory and accordingly to ttie petitioner heha^correcitly answered all the questions of each subject and he was fully confident that he would not get below 75 to 80% marks. The petitioner apprehends that his answer sheets hme not been evaluated property. The petitioner is one of the very 1 11 iS brilliant and extra ordinary intelligent student of respondent No.3 ond he had alwoys been awarded good marks in all the examinations. In -the academic year 2000-2001 the petitioner oppeared m Class-X Board Examination as a regular student <md he secured distinction in three subjects. Out of total 500 marks -Hie petitioner secured 350 marks. A copy of the mark dieet is onnexed as Annexure-P/1 to the petition. The petitioner secured 94% marks. While the petitioner was studying in Class-XII he devoted himself in his studies and not a single minute spent in other activities. He had worked hard and prepared we.H for appearing in the Ctass-Xn examination and the marks secured by the petitioner has been mentioned in Annexure-P/2 - the mark sheet. After declanition of -riie result the petitioner approached respondent No.2 and requested for rechecking of all the answer sheets in hispresence for which he is ready to pay the r'equisite fee, but the respon<tent authority had notpaid o»Ty heed to the requestof the petitioner oaid orally stated that there is no provision in the Board for revaluation of the answer sheets dnd the instnictions can be perused on •ttie overleaf of •Hie mark sheet. (3) I have head leamed counsel for the petitioner. Leamed counsel appearing for the petitioner submitt'ed that the petitioner beinga brilliant student and as he ha^|w6rl<ecThard but his answer sheetswere not valuotedproperly. As such the marks which has been awurded to the petitioner is much less thon the petitioner was expecting. He further submitted that respwident No.2 has refused to revaluote the answer sheets on the ground that there is noprovision for revakiotion of the answer sheets. C4) The jurisdiction of this Court under Article!226 of the Constitution of India is an extra ordinary jurisdiction. Theprovisioh, if any, exists for re-valuation of the onswer sheets and the concemed authorities are not acceding the request of the petitioner for revaluation of the answer slieets, then the petitioner has a right to ask for revuluatiOT. But where there is no provision regarding the revalutrtion of the answer sheets,in thtrt- case in order to seek the remedy under Article 226 of the Constitution of India the petitioner has to muke out a stron9 and exceptional cixse to show that the evaluating person has committed an error which isapparent from the facts. Thot can be ascert-ained looking to the previous academic cweer of the petitioner. Looking to the previous ucademic cdreer in the examindtion cnd the marks awarded to the petitioner shows thtrt some unusual thing hos happened andthe answer sheets ofthe petitioner has not been evaluated properly. (5) If we look intothe record of the petitioner which has been made basis by the petiti^nei'-in-^'he^-Class-X examination the petitioner -W^LXJ: obtained 59 marks in English where,in thepresent examinotion he secured 68 marks, in Hindi thepetitioner in the previous examination hod secured 37 marks out of 50 and this year he obtained 67 out of 100,in Mathemcrt-ics Rie had obtained94 marks in the previous and this year he has secured 67 and in Physics he had obtained 78 marks ond this exomination he has aecured 74 marks. In the Sociat Science he has obtained62marks in the previous year and this year he has secured 63 marks. (6) Looking and comparing with the two mark sheets of the petitioner prima facie it cannot be said that lookingto the academic ccu-eer of the petitioner this year the marks uwarded to the petitioner are so low or thedifference between the two years is such which makes thethings apparent that the marks which were awarded in this examinttt-ion are not reasoncfcle. The mcn'ks obtcaned by the petitioner in both! the exominations are almost identicat and expected level. Therefore, the petitioner hasnot beenable to make out an exceptional case in order to obtain an order from-' (! j ? •l ; j • ' !' •'•• ff ^ A OOPBI(ff-3-7 ; -/PS |: •passiuisip A|6uipjo330 si 4.1 puo p3ssiuis!p 39 04. 3|q01| Sl 3UIOS 3t|i •+uaui ou SDI) uoi+i+ad ai|+ '+insaj 31)4. ui (/) •^auo!4.!4.ad ai)4. J.o jnoAo.). uiuoi+aajip .10 +MM XUD ^o aauDnssi joj. +no apDUi si osoa ou +Dt|+uo!U!do ai|4. j.o uio i 'ajo^a>oi|j. 's+aatjs jawsuo aij+ ys uo!4»n|OAajjo^4*1003 S!tj+