JUDGMENT
S.P. Mehrotra, J.
1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for the following reliefs :
“(a) Issue a writ, order or direction in the nature of mandamus directing the respondents to produce the answer book of English 1st paper and Accountancy IInd paper concerning the petitioner.
Or
This Hon’ble Court may pleased’to direct the respondents to scrutinise the answer book of the petitioner in presence of the guardian of the petitioner/deponent.
(b) Issued any other writ, order or direction which this Hon’ble Court may deem fit and proper under the present facts and circumstances of the case.
(c) Allow the writ petition with cost in favour of the petitioner.”
2. It is, inter alia, alleged by the petitioner in the writ petition that the petitioner appeared in the Intermediate Examination, 2002 of the U.P. Board of High School and Intermediate Examination as regular student from Vishnu Inter College, Bareilly with subjects General Hindi, English, Book Keeping, B.O. and Correspondence and Math and Elementary Stat.; and that the marks obtained by the petitioner in English 1st paper and Accountancy II paper were far below to the performance given by the petitioner; and that the petitioner applied for the scrutiny of the answer books of English 1st paper and Accountancy IInd paper; and that till date no result of the scrutiny has been communicated.
3. In the circumstances, the petitioner has filed the present writ petition praying for the relief quote above.
4. By the order dated 18th September, 2002 the answer books of the petitioner in respect of English 1st paper and Accountancy IInd paper of Intermediate Examination of 2002 were summoned.
5. Pursuant to the said direction, learned Standing Counsel has produced answer books of the petitioner in respect of the aforesaid subjects/papers of Intermediate Examination, 2002.
6. Learned Counsel for the petitioner, states that during the pendency of the writ petition, the petitioner has been communicated the result of the scrutiny. Learned Counsel for the petitioner further states that as a result of scrutiny, the petitioner has now been awarded 20/50 marks in English 1st paper instead of 18/50 marks originally awarded. Thus, marks awarded to the petitioner in English 1st paper have increased by two marks. However, learned Counsel for the petitioner states that there is no change in the marks awarded to the petitioner in Accountancy IInd paper.
7. learned Standing Counsel also confirms the aforesaid position.
8. I have also perused the answer books of the petitioner produced by the learned Standing Counsel in respect of the aforesaid subjects/papers. Marks have been awarded to the petitioner in respect of each question attempted by him in the aforesaid subject/papers. The totalling of marks in the aforesaid English 1st paper as result of scrutiny, has been correctly done. The totalling of marks in Accountancy IInd paper has also been correctly done. No glaring error is found in the evaluation of the answer books of the petitioner in the said subject/papers. No interference is called for under Article 226 of the Constitution of India with the examination of the petitioner in respect of the aforesaid subject/papers.
9. In view of the aforesaid discussion, the writ petition filed by the petitioner is dismissed subject to the observation that correct mark sheet of the petitioner as a result of aforesaid scrutiny would be sent by the respondent to the concerned Institution expeditiously, preferably within three weeks from the date of production of a certified copy of this order alongwith a copy of the writ petition before the respondent.