- (1.) U. K. Dhaon, J. Heard Sri K. N. Mishra, 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 UP. 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 mark obtained by the petitioner in different subject is are as under: Subject Paper Total I II Ii Hindi 22 19 30 71 383/600 Passed with First Division English 35 32 67 Math-2 41 02 43 Science-2 20 23 18 61 Social Science 35 39 74 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 mark and, therefore, the petitioner approached this Court by filing the instant petition. This Court by the interim order dated 9-9-1999 directed the opposite 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 21-11-2000 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 produced 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". In compliance of the order passed by this Court, the learned Standing Counsel has produced before this Court the answer books of Math-I Paper, Math-II Paper, Social Science-I Paper and Social Science-II Paper. The cover pages of the answer books of Math-II paper which bears the signature of the invigilator is in the hand writing of the petitioner which was compared with the cover page of answer book of Math-I Paper, answer books of Social Science-I Paper and Social Science-II Paper. The six inside pages excluding the cover page are on different hand writing. The second answer book containing four pages out of which two are blank is also in different hand, writing which is not of the petitioner.
(3.) THE learned Standing Counsel has also admitted the fact that the answer books of Mathematics-II Paper are in different hand-writing and he submits that it appears some mischief has been done at the center where the petitioner submitted the answer books. THE marks awarded to the petitioner in Math- II Paper are only 2 although he has secured 41 Marks in Math-I Paper. THE petitioner has secured 71 marks in Hindi, 67 in English, 61 in Science, 74 in Social Science and 67 in Biology. In paragraph-8 of the writ petition the petitioner has specifically stated that he has solved all the questions of Math-II Paper correctly and he hopes that he will get more than 40 marks in the said subject. The mischief has been done either at the center where the petitioner submitted the answer books or at the place where the answer books were sent for evaluation is really shocking and it has been done deliberately with an intention to harm the petitioner. From the perusal of answer books and the marks obtained other subjects and Mathematics-I in Paper, there is no dispute that the petitioner is a bright student who has to do much in his life. The Board of High School and Intermediate Education is the custodian of the answer books of the students and in the instant case in spite of sufficient time the Board could not produce the original answer of the petitioner of Mathematics-II Paper.;