Court No. - 18 Case :- WRIT - A No. - 2897 of 2010 Petitioner :- Vikas Kumar Respondent :- State Of U.P. & Another Petitioner Counsel :- I.B. Yadav Respondent Counsel :- C.S.C.,A.K. Yadav Hon'ble Sudhir Agarwal, J.
This is thoroughly misconceived petition. The petitioner has sought a writ of
mandamus commanding the respondents to produce the answer book of
Physical Education of the petitioner of written test pursuant to Advertisement
No. 1/2009 and to get it re-valuated from the competent examiner and to
declare his result accordingly. Admittedly, there is no provision for
revaluation of the answer sheet. Hence, the direction for summoning the
answer sheet for revaluation can not be issued. The result of a public
examination has to attain finality and cannot be subject matter of rechecking/
revaluation/ reassessment etc., that too by way of judicial review in a cursory
or casual manner unless there is material to show that either the examiner has
acted arbitrarily or the assessment is ex facie incorrect or erroneous or if there
is a provision for revaluation/ reassessment etc. In Maharashtra State Board
of Secondary and Higher Secondary Education and another Vs. Paritosh
Bhupesh Kurmarsheth etc. AIR 1984 SC 1543, the Apex Court held that
results of Public examinations when published should have some finality
attached to them. If inspection, verification in the presence of the candidates
and revaluation are to be allowed as a matter of right, it may lead to gross and
indefinite uncertainty, particularly in regard to the relative ranking etc. of the
candidates, besides leading to utter confusion on account of the enormity of
labour and time involved in the process. It also held that the Court should be
extremely reluctant to interfere in such matter unless there is some material to
show that the authorities have acted arbitrarily and illegally warranting
interference. This has been followed by a Division Bench of this Court (in
which I was also a member) in Special Appeal No. 1740 of 2007 (Somnath
Bhattacharya Vs. University of Allahabad through its Vice Chancellor &
another) decided on 20.12.2007.
In view of the above, the writ petition lacks merit. Dismissed.
Dt. 27.1.2010
PS-2897/2010