High Court of Judicature at Allahabad
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Priti Jaiswal v. State Of U.P. Thru' Secy. & Others - WRIT - C No. 32251 of 2006  RD-AH 11630 (17 July 2006)
Hon'ble Rakesh Tiwari, J
Original answer sheets have been produced today and counsel for the petitioner has perused them.
Standing counsel states that there is no provision for re-evaluation of copies. However, under order of this Court, re-evaluation may be made.
In a large number of cases, it is noted that scrutiny of marks of the student is not serving the purpose, as many of them, i.e. approximately 10% of total number of students apply to scrutiny and a number of these students have come up before this Court with the allegation that they have done well but have been awarded less marks. By adding marks in the individual copies, relative difference of answer of other candidates cannot be ascertained as copies are checked by different examiners and variation of marks is but natural.
Counsel for the petitioner states that when student is not satisfied with the marks awarded to him as he feels that less marks have been awarded, only then he prays for scrutiny of marks.
Standing counsel submits that re-evaluation of marks requires expenses and about 10% of the total candidates appearing in the Board's examination, apply for scrutiny and 13% of total may apply for re-evaluation.
In many cases before the Court, even on scrutiny, the number awarded to the students increase from 1 to 3. The student is deprived of fair marking and often feels he is prejudiced as there is no procedure of re-evaluation or he has been awarded less marks. Due to variation of marks to a great degree in evaluation of answer copies and scrutiny the only option left is to re-evaluation by an expert of the subject independently. It is common knowledge and sometime also reported in the newspapers that unqualified persons check the copies of High School and Intermediate examinations. Sometimes, copies are taken by the examiners at their homes and they are checked by family members and that all the examiners who check the copies are not expert of the concerned subject. These copies are checked in cursory manner without giving them sufficient time. A copy was got re-evaluated by the Court in Civil Misc. writ No. 33353 of 2006- Km. Purnima srivastava V. State of U.P. and others decided on 13.7.2006.
In which the examiner took about 35-40 minutes in checking only one copy whereas the Board allows 5- 10 minutes for checking each copy and the copies are also not checked according to guidelines/instructions as is evident from large number of cases in which copies are produced before this Court.
In the circumstances, equity has to be balanced.
There are large number of writ petitions pending before this Court wherein the petitioners have prayed for re-evaluation of their answer sheets. In all such cases, it is expected that irrespective of the fate of such writ petition, the Board will initiate suo motu action and ensure re-evaluation of such answer sheets on or before 31st October, 2006 in accordance with the procedure/guidelines being laid down hereinafter.
The Board is directed to frame Rules and Guidelines regarding re-evaluation of copies of such students who apply for the same.
Pending framing of Rules, the Board shall provide for re-evaluation of the copies of the students as per following guidelines:-
Guidelines for re-evaluation :-
1. The Board will operate an account for purpose of re-evaluation.
2. Fee for re-evaluation of each paper in a subject shall be Rs.600/- including expenses, e.g., if re-evaluation in English subject is applied for, the fee for re-evaluation would be Rs.2X Rs.600 = Rs.1200.
3. The fee for re-evaluation shall be paid in Board's account (to be specified by the Board) within 15 days of publication of the result along with application containing following particulars in Proforma in his own handwring:-
(i) Name of the student Photo to be self
(ii) Father's name attested by the
(iii) Full Address student/counter-
(iv) Permanent Address signed by Principal/
(v) Name of School Centre Incharge
which forwards the form. (Signature)
(vi) Name of centre from where
(vii) Rull No.
(viii) Subjects and papers in which re-evaluation applied for.
(ix) Amount of re-evaluation fee deoisuted ub Viard (number if papers X Rs.600 = Rs.... (in words)
(x) Total amount of fee deposited ( in words)
(xi) Date of deposit of amount for re-evaluation.
Declaration by student :-
I...........................s/o or d/o ...................do hereby declare and verify that the information given above by me for re-evaluation of my answer copies of..............examination is correct and accurate. That I had myself appeared in the aforesaid examination and if the details given by me are found tobe incorrect, the Board may take necessary action against me and I shall abide by the decision of the Board.
Place Signature of the student
Declation of Parents/Guardian:-
I/We undertake to abide by the decision of the Board on the re-evaluation of the copies.
Place Signature of parent/Guardian
For Office use only
Received from ...........................s/o/d/o ..................R/o.........application form for re-evaluation along with payment of Rs......................deposited at...................in subject/appers......................
I have satisfied myself that the form is complete in all respect. The student has been informed to be present on..... for re-evaluation of copies.
Name and designation of official
(Section working at present).
Date of dispatch of form for re-evaluation......
Procedure for Re-evaluation :-
1. The Board will formulate a panel of experts/subject experts and the copies will be re-evaluated by one of expert/subject expert out of the said panel.
2. On receipt of the proforma, instructions shall be issued immediately for preparing photocopies of the original answer copies.
3. The photocopies of the original answer copies would be made after concealing the marks obtained by the students in such paper(s) in which re-evaluation is sought as well as on the cover of the answer copies.
4. Thereafter the original copies shall be sealed and placed in the safe custody of a responsible officer/official.
5. The photocopies of the answer books of the student shall be sent to the concerned expert/subject expert for re-evaluation with the instructions that they are not to be deterred or swayed away by the answers marked in cross i.e. X or scored off and have to re-evaluate the copy independently.
6. Re-evaluation shall be completed within a week of the order for re-evaluation by the expert/subject expert to be nominated/appointed by the Board.
7. The examiners/subject expects shall be paid their fees and expenses for re-evaluation as the Board may fix.
8. On re-evaluation, if the marks of the student are increased and he/she becomes entitled to grace marks or passes otherwise, fresh mark sheet shall be issued within three days thereafter.
9. The concerned student will be informed to collect the mark sheet from Board's office if there is change in his/her marks on showing proof of identity which shall be matched with the photograph on his/her application form.
The writ petition is accordingly disposed of. The respondent- Board is directed to re-evaluate the answer sheets of the petitioner within 10 days from the date of production of certified copy of this judgment and order. The Board is also directed to frame Rules and Guidelines regarding re-evaluation of copies of such students who apply for the same for the session 2007 and onwards in accordance with law and in the light of procedures/guidelines, indicated above. No order as to costs.
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