M.Y. Eqbal, J. - (1.) HEARD the counsel for the parties.
(2.) IN this writ application the petitioner has prayed for issuance of a direction upon the respondent -Jharkhand School Examination Board to publish the modified or corrected result of the petitioner of Secondary School Examination, 2001 which was held in March, 2001 and further for payment of compensation for the irreparable loss and mental agony due to illegal action of the respondents. The petitioner is a student of Netarhat Residential School. In 2001 he appeared in the annual matriculation examination held in March, 2001 conducted by the respondent -Board. It appears that the petitioner was having excellent records in his school and also did well in the matriculation examination but he was declared fail and in the cross -list supplied to the school it was found that the petitioner secured 5 marks in Chemistry paper. It is stated by the petitioner that he obtained 75% marks in all the papers and also in aggregate including Chemistry theory paper and he was expecting 100% marks in Chemistry paper also. The petitioner, therefore, immediately filed an application along with requisite fee for scrutiny of his Chemistry paper which was forwarded by Netarhat Residential School on 20.6.2001. When the result of the scrutiny was not communicated to the petitioner, he has approached this Court by filing the instant writ application.
(3.) IN the Counter -Affidavit fried by the Board it is admitted that the petitioner obtained 75% marks in other subjects but in Chemistry paper he was given 5 marks in theory on the basis of the marks obtained by the petitioner in the original copy. It is stated that although in the answer -sheet the petitioner obtained 35 marks in Chemistry theory paper but he was given 5 marks in the said subject as per the standard marks foil. It is further stated that from the examination attendance sheet it appears that there is overwriting in Chemistry answer book number written in the attendance sheet which created doubt that the answer book has been altered and as such the present answer book available with the Board cannot be taken into consideration for retotallng of the marks obtained by the petitioner in the changed answer book.;