V.K. Shukla, J. - (1.) HEARD learned counsel for the petitioner and learned Standing counsel.
(2.) IN the present case petitioner has approached this Court with request that writ in the nature of mandamus commanding respondent nos. 2 and 3 to produce answer books of the petitioner pertains to Roll No. 0944063 in respect of subjects English Ist and 2nd paper, Art, Social Science 1st paper and Hindi 2nd paper and scrutinize the same and direct to recheck all the answer books. Under the provision of U.P. Act No. II of 1921 there is no provision provided for re -evaluation as such prayer made by petitioner cannot be accepted as per the judgment of Hon'ble Apex Court in the case of Maharashtra State Board of Secondary Education Vs. Paritosh Bhupesh Kurmarsheth, : AIR 1984 SC 1543, wherein Hon'ble Apex Court has clearly taken the view, that in the absence of provision of re -evaluation, direction to the said effect, cannot be accorded. Said view has been reiterated again in the case of Pramod Kumar Srivastava Vs. Chairman Bihar Public Service Commission,, 2004 AIR SC (4116).
(3.) UNDER the provision of U.P. Act No. II of 1921 and Regulation framed thereunder only remedy provided to the petitioner for scrutiny and in the present case petitioner has applied for scrutiny, wherein as per petitioner no change has been found, in such a situation and in this background no relief or reprieve can be accorded to the petitioner.;