JUDGEMENT
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(1.)This writ appeal has been filed by the appellant against the order dated 15th February, 2013, passed by learned Single Judge in Writ Petition No. 7035/ 2012. (Reported in 2013 (1) MPWN 122).
(2.)By the aforesaid order, the learned Single Judge awarded a cost of Rs. 75,000/ - as compensation in favour of the respondent and also awarded a cost of Rs. 5,000/ - for litigation expenses and another cost of Rs. 5,000/ - for having wasted the precious time and energy of the Court.
The respondent appeared as regular student in Class -X Examination for the Academic year 2011 -2012 along -with subject of mathematics. The appellant - Board issued mark sheet to the respondent and it was mentioned in the mark sheet that the respondent received 10 out of 100 marks in mathematics. The respondent submitted an application for revaluation. The aforesaid application was rejected by the appellant - Board vide Annexure P/5 filed along -with the writ petition that there was no change. Thereafter, the respondent appeared in supplementary examination and she received 98 marks out of 100. Thereafter, the respondent filed a writ petition before the writ Court, mentioning the fact that she had not been awarded proper marks by the Board and then, the appellant - Board rectified the mistake and issued another mark sheet, in which the respondent awarded 100 marks out of 100. On the basis of the aforesaid negligence, the writ Court awarded a cost of Rs. 75,000/ - as compensation in favour of the respondent.
(3.)Learned counsel for the appellant - Board has submitted that no injury was caused to the respondent. The respondent did not suffer any irreparable loss because she was not prevented due to wrong supply of mark sheet from appearing in any competitive examination. Hence, the award of cost is arbitrary and illegal.
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