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Km. Ekta Jain v. State Of U.P. And Others - WRIT - C No. 36458 of 2006  RD-AH 17217 (5 October 2006)
Civil Misc. Writ Petition No. 36458 of 2006
Km. Ekta Jain Vs. State of U.P. & others
Hon'ble Vineet Saran, J
The petitioner appeared in the Intermediate Examination, 2006 conducted by the U.P. High School and Intermediate Board. She had obtained above 60% marks in all subjects except Physics. She thus filed this writ petition with the prayer for a direction in the nature of mandamus commanding the respondents no. 2 and 3 to scrutinize/revaluate the answer copies of both the papers of Physics of the petitioner.
On 13.7.2006, this Court granted time to the respondents to file counter affidavit and further directed the respondents to produce the original answer copies of the petitioner relating to Physics Ist and IInd papers of Intermediate Examination, 2006. Although no counter affidavit has been filed but the original answer copies of the petitioner have been produced and on re-evaluation the respondent-Board had itself found that two answers of the petitioner were not evaluated in which three marks further have been awarded to the petitioner. After awarding such marks, the petitioner who had been declared fail in the Physics papers would now be declared pass and consequently, as she had obtained above 60% marks in all other papers, her aggregate would be over 60% and thus she would be declared pass with Ist Division. Learned Standing Counsel has thus submitted that the corrected mark-sheet alongwith the pass certificate would be sent to the college from where the petitioner had appeared within ten days from today.
As such, this writ petition stands allowed.
Before parting with this case, the callous attitude of the examiners while evaluating the answer copies of the students as has been clear in this particular case has been noticed and is deprecated by this Court. The Board is duty bound to ensure that there is proper evaluation of the answer copies.
In the present case, the petitioner who was a meritorious student and had obtained high marks in all subjects was declared fail because of carelessness of the examiner who was assigned to examine the copies of the petitioner inasmuch as two answers of the petitioner were not even evaluated. This Court can visualize the trauma that the petitioner, who is a child and had appeared in the Intermediate examination, must have undergone because of having been declared fail, although she had done well in her examinations.
In such circumstances, this writ petition deserves to be allowed with costs which this Court assesses at Rs. 5,000/-. The respondent-Board shall ensure payment of costs to the petitioner within two weeks which shall be paid to the petitioner by bank draft through respondent no. 4.
It may further be observed that appropriate action may be taken against the examiner who had examined the answer copies of the petitioner in which discrepancy was found and also against all such other examiners who are found guilty of such lapses.
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