M.Y.EQBAL, J. - (1.) HEARD Mr. M.S. Anwar, learned senior counsel for the petitioner and Mr, Kalyan Roy, learned counsel for the Jharkhand Secondary Examination Board, Ranchi.
(2.) PETITIONER has prayed for quashing the merit list published by respondent/Board regarding the Matriculation Examination of 2001 held in March, 2001 and to declare the petitioner as topper securing first position with 607 marks in matriculation examination and further for grant of compensation to the petitioner for mental pain and agony. Petitioner 'scase is that he is a good and bright student and appeared in annual matriculation examination held in March 2001 with Roll Code 03101 and Roll No. 0576. It is stated by the petitioner that after the result was declared, mark -sheet was Issued to the petitioner showing that he obtained 607 marks and stood top securing highest marks. Surprisingly in the new item published on 8th November, 2001 - in Prabhat Khabar petitioner 's name was shown at serial No. 4 showing 598 marks and securing IIIrd position. Petitioner immediately contacted Board Office and obtained list of marks obtained by the first fourteen candidates wherein marks of the petitioner has been shown as 598. It is alleged by the petitioner that the Board has altered the marks without giving any notice to the petitioner and therefore he has been deprived of getting gold medal on 15.1.2001 by the Chief Minister of the State of Jharkhand.
(3.) THE respondent/Board filed counter affidavit wherein it is stated that Rules and Regulations of the Examination Board empowers the Board to announce result and make such declaration with regard to the result and to, correct the error, malpractice and mistakes. It is the practice of the Board to scrutinize the answer papers of the top 10 students in the merit list. For that purpose three men committee was constituted and the answer papers of the toppers including the petitioner was examined. The Committee submitted report with regard to answer book of the petitioner on 18.2.2001. According to the report five excess marks was given to the petitioner in Physics and excess marks was also given in Sanskrit paper. Copy of the report has been annexed as Annexure -A to the counter affidavit. It is stated by the Board that at the time of issuance of marks, petitioner was shown to have secured 607 marks out of the 700 marks but after scrutinizing answer paper of the petitioner it was found that 5 (five) extra marks was given in Physics and 4 marks was given in Sanskrit. Accordingly after reducing 9 marks he was placed in IIIrd position in the merit list.;