U.K.Dhaon, J. - (1.) Heard Sri K.N. Misra, learned Counsel, for the petitioner and the learned Standing Counsel.
(2.) The brief facts of the case are that the petitioner appeared in the High School Examination, 1998-99 from Hukkum Singh Inter College, Qaiserganj, as a regular student on the basis of Roll No. 1154134. The U.P. Board of High School and Intermediate Education declared the result of the petitioner who secured the first division. The petitioner has alleged that after seeing the mark sheet he was shocked as only 2 marks in Mathematics II Paper were awarded to him. The marks obtained by the petitioner in different subjects are as under : Subject Paper Total I II III Hindi 22 19 30 71 English 35 32 -67 383/600Math-2 41 02 -43 Passed Science-2 20 23 18 61 with First Social Science -35 39 74 Division Biology 20 27 20 67 The petitioner has also alleged that the U. P .Board of High School and Intermediate Education does not have any rule of re-evaluation of the marks and, therefore, the petitioner approached this Court by filing the instant petition.
(3.) This Court by the interim order dated 9.9.1999 directed the opposite parties to produce the answer book of Mathematics II Paper of the petitioner before this Court on 22.9.1999. On 22.9.1999, the learned Standing Counsel informed that Answer Book of Mathematics II Paper of the petitioner could not be obtained and as such 30.9.1999 was fixed as the next date. On 30.9.1999, the learned Standing Counsel again took time to produce the answer book. The same request was made on 30.10.1999. The answer book thereafter was produced before this Court on 9.11.2000 and 29.11.2000. On 29.11.2000 this Court passed the following order : "Answer Book of Math-II has been produced before this Court. The grievance of the petitioner is that there appears to be some manipulation as the writing on the cover of the answer book is that of the petitioner but the rest pages of the copy inside is not in his own hand writing. For this matter the learned Standing Counsel is directed to produce other answer books. List this petition on 7.12.2000. On that date the answer book of other subjects of the petitioner shall be produced before this Court.";