- (1.) By means of present writ petition, the petitioners pray for a writ in the nature of mandamus commanding the opposite parties to re-valuate the answer-book of the petitioners of High School Examination, 2011. Petitioner further prays for a writ of mandamus commanding the opposite party no. 3 to decide their representations dated 27.6.2011.
(2.) A query was made from learned counsel for the petitioners as to whether there is any provision for re-valuation of the answer-book of the examination conducted by the Board. Learned counsel for the petitioners submitted that there is no provision to this effect but the petitioners have made representations to the opposite party no. 3 which may be directed to be disposed of.
(3.) Learned Standing Counsel appearing on behalf of opposite parties submits that there is no provision for re-valuation of answer books under the Rules. The law in this regard has been settled by the Apex Court in the case of Sahiti and others vs. Chancellor Dr. N.T.R. University of Health Science and others, 2009 1 SCC 599, The Secretary West Bengal Council of Higher Secondary Education vs. Ayan Das and others, 2007 8 SCC 242, Pramod Kumar Srivastava vs. Bihar Public Service Commission, 2004 6 SCC 714 and Board of Secondary Education vs. Pravas Ranjan Panda, 2004 13 SCC 383 and has held that if there is no provision for re-valuation under the Rules, this Court cannot pass order for revaluation of answer-book and the order in this regard would be illegal.;