KU SMITA MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner, a young girl in her teens, represented through her father, has invoked the extra-ordinary jurisdiction of this Court for issue of a writ of mandamus commanding the respondents to produce answer-books of Hindi, Mathematics, Science and Social-Science for suitable revaluation and further to grant compensation.

(2.) BEFORE I advert to the facts in detail, it is appropriate to refer to the proceedings on 1-32-2000. On 1-12-2000 this Court was apprised of the fact that revaluation was confined to two subjects, namely, Science and Mathematics. On a perusal of the answer-sheet of Science paper, it became perceptible that there was no manipulation and no error in retotalling. Considering the said aspect in proper perspective, the prayer for revaluation in the subject of Science was rejected. As far as the subject of Mathematics was concerned, Mr. Tiwari learned counsel for the petitioner had contended that some of the answers are correct, as per the model answers but, full marks have not been awarded. It was further contended that valuation of certain questions give rise to suspicion. Appreciating the aforesaid submission of Mr. Tiwari, this Court directed that the examiner who valued the answer-papers should be summoned and answer book of Mathematics should also be produced. Mr. Raizada, learned Government Advocate had undertaken to produce the original examiner as well as an expert in the subject of Mathematics. Accordingly, the original examiner Shri S. K. Vyas and the expert Shri S. K. Upadhyay are present.

(3.) NOW to the obtaining factual scenerio, Shri Upadhyay went through the answer-sheet of Mathematics and the model answers provided by the District Education Officer and upon valuation, opined that the petitioner is entitled to 84 marks. It is worthwhile to state here that the petitioner has been awarded 79 marks. On a querry being made to the original examiner Shri Vyas candidly confessed that he is not teaching Mathematics in Class VIII of which answer-paper was given to him for valuation. The examiner fairly stated that he is teaching Mathematics at the primary level and it is difficult to conduct valuation of the answer-books in respect of Mathematics-papers meant for Class VIII. This being the position, I am constrained to express my concern over the process of valuation of answer-papers. The present examination relates to District Middle School Examination. This is the second stage a student is required to cross. Every good student has aspiration to perform well and to come up in flying colours. The authorities who conduct the examination have an onerous task to see that the examinations are fairly held and further to ensure that answer-books are properly valued so that the young students get a fair deal. A student appears in an examination with hope embedded in his bossom that he will be treated like a person having personhood and would not be allowed to suffer at the whims and caprices of the people who are at the helm of affairs or become victims of unpredictable mood of an examiner. In the instant case Shri Vyas has been extremely truthful, hence this Court refrains from expressing any comment on him. I may hasten to portray the process of valuation, 'sankul' Principal Smt. Geeta Soni, who is personally present, admits that she was in-charge of three centres for the purpose of valuation and after she received the answer-papers, she handed over the same to the Headmasters of three schools, namely Govt. Madhyamik Shala, Govt. Girls High School and Govt. Varishtha Buniyadi Shala. The Headmasters in their turn distributed the answer-books among the teachers for valuation. At the time of distribution of answer-papers, the 'sankul' Principal did not instruct any of the Headmasters that the papers are to be valued by the teachers, who are imparting education in Class VIII. It is slated by Smt. Soni that such instructions have not been issued by the District Education Officer. Thus, it is perceivable that no proper scientific and rational method is adopted for valuation of answer-papers atleast in Mathematics. It is submitted by the Principal that results were required to be published expeditiously and therefore, prompt steps were taken to get the answer-books valued. True it is, authorities are required to publish the result' as expeditiously as possible but promptitute cannot always be the governing factor for getting the answer-sheets valued as sometimes by such hurried valuation anxiety and agony arise in younger minds who are not given justice justly and the valuation falls below their expectation. I will be failing in my duty if, I do not reproduce what has been stated by Mrs. Soni, the 'sankup Principal. She stated that the teachers who are teaching in Middle School are expected to teach upto the highest class i. e. , Class VIII and, therefore, the answer-papers are allotted to a particular teacher who cannot take the excuse that he or she is not imparting education in the 'higher class and his or her duty is confied to the primary level at the school. Though the aforesaid explanation has its own foundation and logic but, the prudence and pragmatism commend that a teacher who is not associated with the subject in praesenti would indubitably face difficulty to correct the answer-papers. The students cannot be allowed to be at the mercy of such teachers as that would mar their hope.