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Patna High CourtCWJC/2072/2018dismissed

Nikhil Kumar Singh v. The State Of Bihar And ORS

2018-09-13Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2072 of 2018 ====================================================== Nikhil Kumar Singh, Son of Ajay Kumar Singh, Resident of Nilgiri Bhawan, Boring Canal Raod, P.S.- Boring Road, District- Patna (Bihar)- 800001. ... ... Petitioner

Versus

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

2. The Bihar School Examination Board (Higher Secondary), Budh Marg, Patna through its Chairman.

3. The Chairman, Bihar School Examination Board (Higher Secondary), Budh Marg, Patna.

4. The Secretary, Bihar School Examination Board (Higher Secondary), Budh Marg, Patna.

5. The Controller of Examination, Bihar School Examination Board (Higher Secondary), Budh Marg, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Lakshmi Kant Tiwary For the Respondent Board:

Mr. Lalit Kishore, Sr. Adv.

Smt. Binita Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2018 This writ application has been filed seeking direction to the respondents to re-scrutinize the answer-sheets of subjects Physics, Chemistry and Mathematics of the petitioner's Intermediate (Science) Examination, held by the Bihar School Examination Board in 2016.

It transpires from the materials on record that the petitioner had applied for scrutiny, whereafter slight change was found to be needed in the subject Mathematics and accordingly the initial score of 59 was enhanced to 60. However, the Board did not find any requirement of change of score in other

Patna High Court CWJC No.2072 of 2018(5) dt.13-09-2018 2/3 subjects, namely, Physics and Chemistry.

The petitioner has obtained the answer-sheets of the said two subjects, Physics and Chemistry, which have been brought on record by way of supplementary affidavit. With the help of those answer-sheets, learned counsel appearing on behalf of the petitioner has attempted to persuade this Court that the marks, which have been awarded by the examiner against various questions, are not appropriate and the petitioner deserved more marks than what has been awarded. He has submitted that though the answers were correct, the petitioner has not been awarded full marks for such answers. I have perused the answer-sheets. I do not find any gross case of arbitrary evaluation. In any view of the matter, there is no provision for re-scrutiny or re-evaluation of the answer-sheets.

I do not find any exceptional circumstance for this Court to proceed any further in the matter. I do not find any merit in this case.

This writ application is dismissed.

The petitioner shall, however, be at liberty to approach the Bihar School Examination Board for award of any further grace marks, if there is any such provision under the

Patna High Court CWJC No.2072 of 2018(5) dt.13-09-2018 3/3 Act/Rules/Regulations.

(Chakradhari Sharan Singh, J) Pawan/Ragini U