IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 972 OF 2009 (MS) Jitendar Kumar (Minor) Through his natural guardian Shri Raj Pal Saini ………….Petitioner. Versus Board of Schools Education, Uttarakhand, Ramnagar, District Nainital through its Secretary. …….Respondent. Mr. Manish Arora, Advocate for petitioner. Mr. N.S. Negi, Advocate for respondent. 1st July, 2009 Hon’ble Sudhanshu Dhulia, J. Petitioner has appeared in the intermediate examination, 2009 and now he has filed this writ petition with the following prayers: “(a) Issue a writ order or direction in the nature of mandamus directing the respondent to produce the copies/record of the petitioner’s answer sheet of all the three papers of Mathematics, Hindi and English bearing his roll no. 003688 to recheck the copy of the petitioner and marks may be awarded to the Petitioner according to the performance done by Petitioner in the Answer sheet. 2 (b) In the alternative, issue a writ or direction in the nature of Mandamus commanding the respondent to recalculate the marks of the Petitioner of all the three papers of Mathematics, Hindi and English. c) a suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case. d) Award the cost of the petition to the petitioner.” This Court was inclined to dismiss the writ petition in limine today as such a prayer is not maintainable looking to the facts of the case. However, now the counsel for the petitioner has made an oral prayer praying that since he has applied for scrutiny of certain papers (Annexure No. 4 to the writ petition), the same may be expedited. The apprehension of the petitioner is that the process of scrutiny may be delayed. No presumption can be drawn by this Court regarding the delay in process, it is expected that the respondent Board will proceed expeditiously regarding scrutiny of the papers. The writ petition is disposed of accordingly. (Sudhanshu Dhulia, J.) 1.7.2009 Rathour 3