- (1.) S. N. Srivastava, J. Present petition has been filed for the reliefs of issuance of a writ of mandamus commanding the respondents to produce the answer book of Home Science of the petitioner and further to declare the result of scrutiny forthwith.
(2.) BY means of order dated 1-8-2006, the Standing Counsel was directed to produce relevant answer- scripts of the petitioner alongwith order, if any, passed on scrutiny application of the petitioner. Pursuant to the aforesaid order, the relevant answer script of the petitioner has been produced before the Court. From a perusal of the record it would appear that the petitioner appeared in the High School Examination 2006 as a regular student with subjects-Hindi, Sanskrit, Home Science, Science, Social Science and Drawing. Out of the aforesaid subjects, the petitioner was declared failed in Home Science showing her to have secured only 16 marks out of 100. It would further appear from the record that the petitioner applied for scrutiny accordingly. Having elicited no reply from the Madhyamik Parishad, she has ultimately knocked the door of this Court for appropriate relief aforesaid. From a bare perusal of the answer script produced before the Court, it clearly transpires that the error in totaling and noting of marks on the first page is quite obtrusive and noticeable. From computing the marks awarded in the answer script it would transpire that the petitioner had in fact been awarded 52 marks as against 16 marks as indicated in the mark-sheet.
(3.) LEARNED Standing Counsel conceded the error and prayed for benign view on the ground that error was inadvertent and there is nothing on record that it was attributable to any mala fide. From a perusal of the mark-sheet it would appear that the performance of the petitioner in all other papers was consistently excellent she having secured 71 marks in Hindi, 76 marks in Sanskrit, 64 in Science, 65 marks in Social Science and 70 marks in Drawing except the paper under scrutiny in this Court.;