GAUTAM GUPTA Vs. BOARD OF SECONDARY EDUCATION M.P.
LAWS(MPH)-2020-1-222
HIGH COURT OF MADHYA PRADESH
Decided on January 21,2020

Gautam Gupta Appellant
VERSUS
Board Of Secondary Education M.P. Respondents


Referred Judgements :-

PRANSHU INDURKHYA VS. STATE OF M.P [REFERRED TO]
ASHUTOSH KUMAR MISHRA VS. M.P. BOARD OF SECONDARY EDUCATION,BHOPA [REFERRED TO]
NASEEM BANG VS. STATE OF UTTAR PRADESH [REFERRED TO]
BUDDHI NATH CHAUDHARY VS. ABAHI KUMAR [REFERRED TO]
H P PUBLIC SERVICE COMMISSION VS. MUKESH THAKUR [REFERRED TO]
M P BOARD OF SECONDARY EDUCATION VS. KU VINITA RUPRA [REFERRED TO]
KU NEHA INDURKHYA VS. M P BOARD OF SECONDARY EDUCATION [REFERRED TO]
PRANSHU INDURKHYA VS. STATE OF M P [REFERRED TO]
PRIYANKA PANDEY VS. SECRETARY BOARD OF SECONDARY EDUCATION M P [REFERRED TO]
PRANI RAKSHA SANGH VS. STATE OF M P [REFERRED TO]
RAN VIJAY SINGH & ORS. VS. STATE OF U.P. & ORS. [REFERRED TO]
RAN VIJAY SINGH & ORS. VS. STATE OF U.P. & ORS. [REFERRED TO]


JUDGEMENT

- (1.)This petitioner under Article 226 of the Constitution of India has been filed seeking the following reliefs:
a) Petitioner be awarded proper marks for his right answer which he has deprived in his answer book and a proper mark sheet be issued on that basis.

b) Respondents be also directed to get the answer verified for subject English from an expert and award the correct marks which petitioner dealt in the answer book.

c) Any other relief which this Hon'ble court deems fit may kindly be awarded.

(2.)It is submitted by the counsel for the petitioner that the petitioner had appeared in the Higher Secondary School Certificate Examination conducted by the respondent for academic session 2018-19 as a regular student. As the petitioner did not get the marks as per his expectations, therefore, he applied for the supply of the answer sheets under the Right to Information Act as well as for revaluation and after rechecking, some marks have been increased. It is submitted that the petitioner has not been given proper marks for the correct answers given by him and, accordingly, the answer sheets may be revaluated.
(3.)To buttress his contentions, the counsel for the petitioner has relied upon the judgments passed by the Supreme Court in the cases of Ran Vijay Singh & Ors. vs. State of U.P. & Ors . reported in AIR 2018 SC 52 and Naseem Bano (Smt.) vs. State of U.P. and Ors . reported in 1993 Supp (4) SCC 46 as well as the judgments passed by this Court in the cases of Pranshu Indurkhya vs. State reported in AIR 2005 MP 152, Priyanka Pandey vs. Secretary, Board of Secondary Education, M.P. & Anr . reported in AIR 2007 MP 235 and Prani Raksha Sangh vs. State of M.P. & Ors . reported in 2011 (2) MPLJ 428.


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