Narayan Das v. The Bihar School Examination Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11315 of 2017 ====================================================== Narayan Das son of Late Mushaharu Das Resident of village and P.O. Kaushalpur, P.S. Amarpur, District - Banka.

... ... Petitioner/s

Versus

1. The Bihar School Examination Board, Budha Marg, Patna through the Chairman.

2. The Chairman, The Bihar School Examination Board, Budha Marg, Patna.

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

4. The Principal, Hari Kishun Bhagat College, Amarpur, District - Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.B.K. Manglam with Mrs. Anita Kumari For the Respondent/s :

Mr. Gyan Shankar For the Board : Mr. Amrendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the parties.

2. The petitioner is aggrieved by the marks allotted to his son in Intermediate Annual Examination, 2017 held by the Bihar School Examination Board (hereinafter referred to as the Board), Patna. An application for scrutiny of the answer-sheets was made by the petitioner's son.

3. From the counter affidavit filed on behalf of the Board, it appears that certain change has been made in the marks scored by the petitioner's son in the subject Physics and in first paper he has been awarded "11" after scrutiny in place of "7". In other papers no change was found to be necessary.

Patna High Court CWJC No.11315 of 2017(3) dt.05-01-2018 2/2 Accordingly, fresh marks statement has been prepared.

4. Learned counsel appearing on behalf of the petitioner has submitted that the counter affidavit does not reflect scrutiny of the marks awarded in second paper of the subject. This is not in dispute that the second paper of the subjects, Physics and Chemistry were objective type. The answers were to be given on OMR- sheets which have been electronically evaluated. No case has been made out by the petitioner on the basis of which it could be said that the marks, which has been awarded to the petitioner's son in those papers are not according to actual performance.

5. In view of the counter affidavit filed on behalf of the Board, no relief can be granted as sought in the writ application.

6. This application is dismissed.

(Chakradhari Sharan Singh, J) arun/- U