RAN VIJAI SINGH,J. - (1.) THIS writ petition has been filed for issuance of a writ of mandamus directing the respondents to award correct marks in drawing subject of High School Examination, 2009.
(2.) THE facts of this case are that the petitioner has appeared in High School Examination, 2009 with Roll No. 1819417 conducted by Madhyamik Shiksha Parishad, U. P. Science and Drawing. The petitioner The petitioner's subjects were Hindi, has been awarded following marks in English, Maths, Social Science, the above-mentioned subjects : Subjects Max. Marks Obtained Marks Total marks obtained Grand Total Hindi 100 1/41 2/41 082 411 English 100 1/42 2/37 079 Failed Maths 100 1/44 2/46 090 Science 100 1/26 2/19, 3/31 076 So. Science 100 1/29 2/43 072 Cat M.S.P.E.-A Drawing 100 1/12 012 F Aggrieved by the marks of Drawing paper, the petitioner has filed the present writ petition on the allegation that her answer-book of Drawing paper has been changed somewhere and that is why less marks have been awarded. This Court on 28.7.2009 directed the Secretary. Board to hold an enquiry and submit a report on 18.8.2009. The case was listed thereafter on 18.8.2009 and learned standing counsel had sought time to submit the enquiry report. Thereafter, the case was put up for next date, i.e., on 19.8.2009. The order passed on 19.8.2009 is reproduced below : "Pursuant to the order of this Court dated 27.7.2009 learned counsel for the petitioner submits that the inquiry has not been completed. Put up on 27th August, 2009 to enable the respondents to comply the order of this Court. If the enquiry is not completed by that time Sri Guru Dayal, Sri Anand Kumar Pandey, and Shri Ayodhya Prasad Pandey, Deputy Secretaries posted at Headquarter of Madhyamik Shiksha Parishad, U. P., Allahabad shall appear before the Court on the date fixed."
(3.) IT is thereafter the enquiry has been completed and learned standing counsel has produced the enquiry report before the Court. From a perusal of enquiry report, it transpires that the answer copy of Drawing paper of the petitioner has been changed somewhere. It may be during transit of the copy from the centre or at the Examination Centre itself or otherwise. This is further subject matter of enquiry.;