Razvia Khanam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10376 of 2017 ====================================================== Razvia Khanam, Daughter of Rifat Jahan, Resident of Village-Kaswa Toli, P.O. Sudhani, Police Station. Barsoi, District Katihari, at Present residing in the House of Sanzar, Alam, Mohalla Nawab Chowk, Pokhariya, Ward No. 35, P.S. and District-Begusarai.

... ... Petitioner/s

Versus

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

2. The Ditector Secondary Education, Govt. of BIhar

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

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

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi For the Respondent/s :

Mr. S.C. MISHRA- SC16 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-01-2018 In compliance of this Court's order, dated 05.01.2018, learned counsel for the Bihar School Examination Board (in short 'Board') has produced the original answer-sheets of the petitioner. The petitioner is personally present. The petitioner has pointed out with respect to the mathematics paper, that though she has been awarded 19 marks, the same ought to have been 23 since the marks awarded to her against different questions have not been properly added. It is already stand of the Board that upon scrutiny the said discrepancy has been found and the petitioner's mathematics score has been enhanced from 19 to 23. The petitioner, who is present further states that

Patna High Court CWJC No.10376 of 2017(6) dt.19-01-2018 2/2 at least one of the questions in the subject Physics has been wrongly evaluated by awarding zero marks though her answer is correct.

2. This Court in writ jurisdiction cannot sit over the decision of the examining body. Secondly, even if the petitioner's said claim is accepted, she is not in a position to clear the examination.

3. The grievance of the petitioner, therefore, as raised in the writ application cannot be accepted.

4. This application is accordingly, disposed of with an observation that let the revised mark-sheet be issued by the Board in respect of mathematics paper, if not already issued. The amount deposited by the petitioner in compliance of the Court's order stands forfeited.

5. Let the original answer-sheets be returned to the learned counsel for the Board.

(Chakradhari Sharan Singh, J) arun/- U