Shubham Mayank v. The Chairman, Bihar School Examination Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17603 of 2018 ====================================================== Shubham Mayank Son of Raj Mohan Das Resident of Village - Datapur, Post Office - Basantpur Patti, Police Station - Saraiya, District - Muzaffarpur, At present residing at Village - Patahi, Post Office - Patahi, Police Station - Sadar Muzaffarpur, District - Muzaffarpur.

... ... Petitioner/s

Versus

1. The Chairman, Bihar School Examination Board, Patna.

2. The Secretary, Bihar School Examination Board, Patna.

3. The Controller of Examination, Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra For the Respondent/s :

Mr. Partha Sarthy Mr. Utsav Kumar Mr. Mrigendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-09-2018 Heard learned counsel for the parties.

2. The petitioner is seeking direction to the Bihar School Examination Board to re-evaluate his answer-sheets of Physics and Chemistry subjects of Intermediate Examination, held by the Bihar School Examination Board, in 2018. It is the petitioner's own case that subsequently he participated in compartmental examination whereafter he has been declared 'pass'.

3. Learned counsel, appearing on behalf of the petitioner, submits that even in compartmental examination, the marks given by the Board is not as per his performance in the

Patna High Court CWJC No.17603 of 2018(2) dt.06-09-2018 2/2 examination. Learned counsel for the petitioner contends that the petitioner had performed much better than marks awarded to him. He also contends that though the petitioner has applied for supply of the answer-sheets of the said subjects under the Right to Information Act, but the said answer-sheets have not been supplied by the Board so far.

4. As regards the petitioner's grievance of non-supply of answer sheets under the Right to Information Act is concerned, the petitioner has a remedy of appeal under the Act, which he can avail.

5. In the background of the nature of grievance which the petitioner is making for re-evaluation of the answer-sheets, the Court is not inclined to entertain.

6. This application is, accordingly, dismissed but with the observations as above.

(Chakradhari Sharan Singh, J) Ashish/- U