Court No. - 24 Case :- MISC. SINGLE No. - 3789 of 2009 Petitioner :- Hari Om Sharan Pathak Respondent :- State Of U.P.Through Its Prin. Sectt. Deptt. Of Secondary Petitioner Counsel :- Ran Vijay Singh Respondent Counsel :- C.S.C. Hon'ble Rajiv Sharma,J.
On an application for listing, with the consent of learned Counsel
for the parties, the writ petition is being disposed of finally.
Heard learned counsel for the petitioner and Sri Shashi Prakash
Singh, learned counsel for opposite parties.
This writ petition has been filed for a direction to the opposite
parties to re-valuate/re-checking the answer books of the petitioner
for the subjects Physics I and II papers.
Learned counsel for the petitioner has submitted that the
petitioner, being regular student of opposite party No.4, appeared
in Intermediate Examination-2009 conducted by Board of High
School and Intermediate Education, U.P., Allahabad but when the
result of Intermediate Examination-2009 was declared, he was
shocked to know that he was not getting the marks upto his
expectation in Physics-I and II papers. Therefore, he has preferred
an application for re-evaluation of the marks of the aforesaid
papers but the opposite parties did not pay any heed in the matter.
Learned Standing Counsel submits that there is no provision of re-
evaluation/re-checking of the answer-sheet in the statute but there
is a provision for scrutiny of the answer-sheet.
At this stage, learned counsel for the petitioner has submitted that
he does not want to press the relief claimed in the instant writ
petition but restricts his prayer only to the extent that liberty may
be granted to the petitioner for moving an appropriate application
for scrutiny of Physics-I and II papers and the opposite parties
may be directed to decide the same, expeditiously, to which
learned Counsel for the opposite-parties has no objection.
Under the circumstances, without entering into the merit of the
case, it is provided that in case the petitioner prefers an application
for scrutiny of the aforesaid papers, after depositing the requisite
fee, within fifteen days from today, opposite parties are directed to
look into the matter and pass appropriate order, in accordance
with law, for scrutiny of the aforesaid papers and the result of the
petitioner thereof may be issued, expeditiously, say, within 30 days
from the date of receipt of a certified copy of this order along with
the application for scrutiny.
With these directions, this writ petition is disposed of finally.
Order Date :- 15.7.2010
Ajit/-