Court No. - 39 Case :- WRIT - C No. - 54157 of 2009 Petitioner :- Shyam Sunder Singh (Minor) Respondent :- State Of U.P. & Others Petitioner Counsel :- Sandeep Kumar Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioner, who had appeared at the High School Examination-
2009 felt dissatisfied with the marks awarded to him in Sanskrit
Paper and, therefore, filed this petition. In Sanskrit Paper he has
been awarded ‘Zero’ marks.
On 21st October, 2009 learned Standing Counsel was directed to
produce the answer book of Sanskrit Paper of the petitioner.
Learned Standing Counsel has produced the answer book and on
7th December, 2009 the following order was passed by the Court:-
“Sri J.S. Tomar, learned Standing Counsel prays for and is allowed
two weeks further and no more time to comply with the directions
contained in order dated 5.11.2009.
List on 22.12.2009.”
Learned Standing Counsel has produced the inquiry report which
shows that tampering was done in the answer book and a
recommendation has been made to the Examinations Committee to
award average marks to the petitioner in Sanskrit Paper. The
inquiry report also shows that recommendation has been made for
awarding punishment to certain persons involved in the
examination.
Inasmuch as the Inquiry Committee has found that tampering had
been done in Sanskrit Paper and the petitioner is entitled to award
of average marks, the Examinations Committee shall examine the
report and pass an order expeditiously, so that the corrected copy
of the mark-sheet is issued to the petitioner preferably within a
period of two weeks’ from today.
In view of the mental agony caused to the petitioner, the Board
shall compensate the petitioner by payment of Rs. 5,000/- by Bank
Draft within four weeks. It shall be open to the Board to recover
the amount from the persons involved in the tampering of the
answer book of the petitioner.
The petition is allowed to the extent indicated above.
Order Date :- 11.1.2010
NSC