- (1.) The petitioner who appeared in Senior School Certificate Examination, 2001, filed the present writ petition praying for issue of a writ of mandamus commanding the respondents to revaluate the answer sheets of the petitioner of four subjects (Physics, Mathematics, English and Computer). Counter affidavit and supplementary counter affidavit have been filed by the respondents.
(2.) I have heard Sri Ashok Nath Tripathi counsel for the petitioner and Sri H.N. Pandey appearing for the respondents.
(3.) Petitioner's case as set out in the writ petition, is that the petitioner has been a very brilliant student throughout his career. Petitioner in the writ petition has given the marks achieved by him from Class I to Class X. Annexure-18 to the writ petition is detailed chart showing the name of the Institution and the percentage of marks received by the petitioner. Petitioner's case is that in Secondary Education Examination, 1998, the petitioner was awarded 95% marks. Petitioner has stated in the writ petition that after passing his Secondary Education Examination the petitioner was selected, for further studies for two years pre University course on the Scholarship given by Singapore Air Lines. Petitioner took admission at Singapore from where he passed Class XI examination. Petitioner has further stated while in Class XII the petitioner got seriously ill in Singapore and was brought to India. Petitioner appeared in Board's Examination, 2000 and has been declared pass with84.6% marks. Petitioner in the writ petition has stated that the petitioner was expecting that he would secure 95% marks or more but he was surprised when he secured only 84.6% marks in the Central Board of Secondary Education Examination. Petitioner's case in the writ petition is that he approached respondent No. 1 at Allahabad and made representation to him for revaluation of his answer sheets but the respondent No. 1 refused the request made by the petitioner saying that there is no such provision in C.B.S.E. Board Examination Bye-laws. Petitioner further stated that if instant evaluation is made petitioner would not get less than 95% marks. On the basis of the aforesaid facts the petitioner has prayed for a writ of mandamus.;