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Patna High CourtCWJC/575/2017disposed

Kavya Singh v. The State Of Bihar And ORS

2017-04-07Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.575 of 2017 ========================================= Kavya Singh, daughter of Manoj Kumar Singh, Resident of Mohalla- Shanti Nagar Cotton Factory Road, Lane No. 3, Dumra Road, Sitamarhi, P.S.- Dumra, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Department, Government of Bihar, Patna.

2. The Principal Secretary, Human Resources Department, Government of Bihar, Patna.

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

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

5. The Examination Controller, Bihar School Examination Board, Patna.

6. The Principal, M.K. College, Bhutahi, P.S.- Sonbarsa, DistrictSitamarhi. .... .... Respondent/s ========================================= Appearance :

For the Petitioner/s : Mr. Uday Kumar, Adv. For the State : Mr. Jai Prabhat Kishore, A.C. To S.C.-13 For the BSEB : Mr. Partha Sarthy, Adv. ========================================= CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT & ORDER Date: 07-04-2017 This application has been filed seeking direction to the respondent-Bihar School Examination Board, Patna

Patna High Court CWJC No.575 of 2017 dt.07-04-2017 2/3 (hereinafter referred to as the "Board") for re-checking of the answer sheet of the petitioner of Intermediate Examination (Science), 2016, in the subject, Physics.

2. The petitioner has brought on record, copy of her answer sheet of the said paper which she had received under the Right to Information Act, to make out a case that her answer sheet has not been duly evaluated and though, on the basis of her performance she deserved 23 marks, only 5 marks has been awarded to her in theory part.

3. On perusal of the answer sheet, it, prima facie, appears that there is some substance in her contention and her answer sheet has not been evaluated properly. This is true that there is no provision for re-checking/re-evaluation of answer sheet, under the Regulations of the Board, considering substantial difference between the marks shown to have been secured by the petitioner and her performance, as appearing from the answer sheet, I have considered it desirable, in exceptional circumstance, to direct the Chairman of the Board to look into the matter and get the answer sheet of the petitioner re-checked/re-evaluated. This order, I am passing in view of exceptional situation, which is evident from the records.

4. If upon re-checking/re-evaluation of the answer sheet of the petitioner, the Board is of the view that the score

Patna High Court CWJC No.575 of 2017 dt.07-04-2017 3/3 of the petitioner requires to be altered by marks more than 5, the Board shall correct the mistake and publish corrected result accordingly. The entire exercise must be completed within a period of fifteen (15) days from today.

5. With the observation, as above, this application stands disposed of.

(Chakradhari Sharan Singh, J.) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A.

Uploading Date 10.04.17 Transmission Date