Abhya Nand v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12382 of 2016 ====================================================== Abhya Nand Son of Ram Lal Prasad of village- Hanuman Nagar P.O.& P.S. Mahuawa, District-East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, Patna

2. Chairman, Bihar School Examination Board, Bihar Patna

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

4. Examination Controller. Bihar School Examination Board. Patna

5. Principal Sitaram Singh College Sarakagaon East Champaran. Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Adv. For the B.S.E.B. : Mr. Ajay Behari Sinha, Adv. For the State : Mr. Pramod Kumar Singh, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-04-2017 The petitioner had appeared in the Intermediate (Science) Examination, 2016, held by the Bihar School Examination Board. He has a grievance that his performance in the examination has not been duly evaluated by the Board inasmuch as he has got quite less marks in some of the subjects than his expectations and, therefore, seeks a direction from this Court for re-checking and evaluation of his answer-sheet. A counter affidavit has been filed on behalf of the Bihar School Examination Board, stating therein, that under the Board's Regulations, no re-checking or re-evaluation of answersheet is permissible, though, there is provision for retotalling and

Patna High Court CWJC No.12382 of 2016 (2) dt.13-04-2017 2/2 scrutinizing of marks allotted against answers, only for the purpose of ensuring that candidate has been awarded marks against all questions and aggregate marks has been given. It is further stand of the Board that on scrutiny, it has been found that petitioner was entitled for more marks in Hindi and, accordingly, necessary correction has been done and corrected mark-sheet has been issued. So far as other papers are concerned, since no discrepancy has been found and, therefore, there is no alteration. There being no provision under the regulations of the Board for re-evaluation of answer-sheet, no direction can be issued by this Court in the absence of any glaring case being made out. No relief can be granted beyond what has been allowed by the Bihar School Examination Board.

This application, accordingly, stands disposed of. (Chakradhari Sharan Singh, J.) Rakhi U