MOHAMMAD RAFIQ,J - (1.) This writ petition has been filed by the petitioner contending that respondent, Board of Secondary Education, Rajasthan, Ajmer be directed to consider grievance of the petitioner for awarding proportion/average marks in the paper of Punjabi subject on the basis of average marks secured by her in other papers of Secondary Examination for the academic year 2012-13.
(2.) Learned counsel for the petitioner has submitted that in all other subjects, the petitioner has secured more than 90% marks, but in the subject of Punjabi, which is her mother tongue, she has been shown to have secured 10 marks out of 80 marks. The petitioner suspects that her answer book has not been checked, therefore, she applied for obtaining copy thereof under Right to Information Act, but copy of answer book of the petitioner was not supplied and she was informed that answer book has been misplaced and copy thereof cannot be supplied. Learned counsel for the petitioner has cited provisions of Ordinance 169G of University of Rajasthan, for the purpose of analogy, contending that in such a contingency arising from the loss or misplacement of one or more written answer books before their evaluation beyond reasonable hope of retrieval or from damage, destruction or mutilation of one or more answer books making evaluation or checking thereof in whole or in part impossible, the Vice Chancellor may permit every candidate either to re-appear in the paper concerned at a special examination to be arranged or to opt for average of marks of the other theory papers of the same examination to be taken into account in the paper concerned.
(3.) Learned counsel for the respondents has submitted that there is no provision of re-evaluation with the respondent-Board and only provision of re-totalling of marks is available and that could not be possible because answer book of the petitioner of the subject of Punjabi was misplaced. Aforesaid provision cited by learned counsel for the petitioner for the purpose of analogy cannot be applied to the respondent-Board, because it relates to University of Rajasthan and moreover, it even provides for award of average of marks on the basis of marks of the other theory papers or for holding special re-examination only in the eventuality of answer book having been misplaced or destroyed before evaluation. In the present case, it is not that answer book of the petitioner of Punjabi subject was misplaced before evaluation. In the evaluation, already the petitioner has been awarded 10 marks.;