JUDGEMENT
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(1.) Leave granted.
(2.) We have heard learned counsel for the appellant. Despite service of notice, no one has appeared on behalf of the respondents.
(3.) Respondent 1 Pravas Ranjan Panda appeared in High School Certificate Examination, 2003 conducted by the Board of Secondary Examination, Orissa as a regular candidate from a recognised high school. He passed the said examination securing about 90% marks. Thereafter, he filed a writ petition under Article 226 of the Constitution alleging that he had answered all the questions correctly without committing any mistake and, therefore, deserved full marks in each paper, but due to carelessness and negligence of the Board in appointing inexperienced and unqualified examiners in certain papers low marks had been awarded to him due to which he lost his chance of being within the first ten examinees in the HSC Examination, 2003. A prayer was accordingly made for re-evaluation of his answer-books. The High Court disposed of the writ petition with the following directions:
"In that view of the matter, we dispose of this writ petition with a direction to opposite party, the Board to scrutinise and recheck the answer scripts of examinees securing 90% and above marks in aggregate in HSC Examination, 2003 in the manner directed in para 11 of Bismaya Mohanty case and if there is any change or variation in the marks, the petitioner shall be informed accordingly within a period of six weeks from the date of communication of the order.
It goes without saying that so far as the candidates securing less than 90% of marks in aggregate, who have applied for rechecking or readdition of marks in certain answer papers by depositing the fees, or apply for the same, their cases have to be considered in accordance with the Board's resolution for rechecking of marks and such candidates be intimated the result thereof within a reasonable time which should not be beyond three weeks hence.";
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