Patna High CourtCWJC/18611/2018disposed

Saurav Kumar v. The State Of Bihar And ORS

2018-09-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18611 of 2018 ====================================================== Saurav Kumar Son of Sri Nawal Singh under natural guardianship of his father resident of Village Bandhuganj P.S. Ghoshi Distt. Jehanabad. ... ... Petitioner/s

Versus

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

2. Chairman Bihar School Examination Board, Patna.

3. Secretary, Bihar School Examination Board, Patna.

4. Principal, G.B. (+2 High School Dyal Bag Nehalpur PS Nehalpur, Distt. Jehanabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivpujan Singh Mr. Mukesh Kumar Singh For the B.S.E.B.

Mr. Gyan Shankar For the Respondent/s :

Mr. Jitendra Kr.Roy-1, SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the parties.

2. The petitioner is seeking direction upon the respondent Bihar School Examination Board to re-examine or re-evaluate his theory papers of Physics and Chemistry in which he has been awarded 19 marks and 1 mark respectively. He had applied for scrutiny and the Board has not found any requirement of alteration after scrutiny. It is the plea of the petitioner that he had performed well and the score given by the Board is much less than his expectation.

3. In my opinion, however, Such pleadings can not be basis for issuance of a direction by this Court for re-evaluation

Patna High Court CWJC No.18611 of 2018(2) dt.18-09-2018 2/2 of the answer-sheets for which there is no provision in the examination regulations of the Board. The petitioner has not been able to make out an exceptional circumstance for this Court to interfere inasmuch as there is no material on record shocking to the Court's conscience to take a view that evaluation of the petitioner's answer-sheets is completely arbitrary.

4. In such circumstance, no relief as being sought for, can be granted.

5. The petitioner will be at liberty to obtain his answer-sheets from the Board under the Right to Information Act and after receiving the said information, if the petitioner is in a position to make out a case of inappropriate evaluation, he will be at liberty to take recourse to appropriate provision of law before appropriate forum.

6. This application stands disposed of.

(Chakradhari Sharan Singh, J) arun/- U