KM. MEENA SHARMA Vs. SECRETARY, MADHYAMIK SHIKSHA PARISHAD
LAWS(ALL)-2002-9-260
HIGH COURT OF ALLAHABAD
Decided on September 16,2002

Km. Meena Sharma Appellant
VERSUS
SECRETARY, MADHYAMIK SHIKSHA PARISHAD Respondents

JUDGEMENT

Satya Poot Mehrotra, J. - (1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter -alia, praying for issuance of a writ, order or a direction in the nature of mandamus directing the respondents "to scrutiny of the papers of Science 1st , IInd and IIIrd paper and also scrutiny of Social Science 1st , and IInd paper of the petitioner." It is, inter -alia, alleged by the petitioner that the petitioner has appeared for the High School Examination for the year, 2002 from Government Girls Inter College, Etawah with roll number 0955234; and that the petitioner was failed; and that the petitioner got 31 marks out of 100 in Science paper, and in Social Science the petitioner got 32 marks out of 100; and that the petitioner has applied for scrutiny before respondent on proper form on 16.7.02; and that the petitioner has also fulfilled all the formalities as required by the respondents, including deposit of Rs. 200/ - in the Treasury Office of State Bank of India, Etawah. A Photostat copy of the Challan has been filed as Annexure -2 to the writ petition.
(2.) HEARD Sri S.U. Khan, learned counsel for the petitioner and Sri K.K. Chand, learned standing counsel. Having considered the facts and circumstances of the case, and the submissions made by the learned counsel for the parties, the writ petition is disposed of with the following directions: 1. (a) The respondent will complete the scrutiny of answer books of the petitioner in Science 1st , IInd and IIIrd paper and Social Science I and II paper of High School Examination, 2002 expeditiously, preferably within a period of three months from the date of production of a certified copy of this order before the respondent along with a copy of this writ petition. After completion of scrutiny, the result of the scrutiny will be communicated to the petitioner at the earliest by a registered post. The result of the scrutiny will also be pasted on the respective answer books of the petitioner, and this fact will be stated in the communication to be sent to the petitioner by registered post. The answer books of the petitioner in aforesaid papers/subjects will be preserved for a minimum of six months from the date of dispatch of the communication to the petitioner. (b) In case, the respondent finds any deficiency in the application for scrutiny submitted by the petitioner, such deficiency will be communicated to the petitioner at the earliest and the petitioner will be given reasonable time for rectifying such deficiency. The scrutiny of answer books of the petitioner in the afore -mentioned papers/subjects will be completed expeditiously, preferably within a period of three months from the date of rectification of the deficiency by the petitioner.
(3.) THE result of the scrutiny will be communicated to the petitioner at the earliest by registered post. The result of the scrutiny will also be pasted on the respective answer -books of the petitioner, and this fact will be stated in the communication which will be sent to the petitioner by registered post. The answer -books of the petitioner in the aforesaid papers/subjects will be preserved for a minimum of six months from the date of dispatch of the communication to the petitioner. 2. (a) In case there is change in the marks awarded to the petitioner as a result of scrutiny in the aforesaid subjects/papers, the aforementioned communication to be sent to the petitioner will, inter -alia contain a statement of the marks originally awarded in the answer books of the said subjects/papers as well as the marks awarded in such answer -books as a result of scrutiny. (b) In case there is no change in the marks awarded to the petitioner as a result of scrutiny in the aforesaid subjects/papers, the aforementioned communication to be sent to the petitioner, besides mentioning the fact of there being "no -change", will, inter -alia, contain a statement of the marks originally awarded in the answer -books of the said subjects/papers. The writ petition is disposed of with the aforesaid directions.;


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