- (1.) HEARD the counsel for the parties.
(2.) THE petitioner has prayed for issuance of an appropriate direction upon the respondents to issue mark sheet of the petitioner who appeared in Intermediate Examination, 2003. The facts of the case, in nut shell, are that the petitioner appeared in the Intermediate Examination, 2001 and he was declared passed in second division. A mark sheet to that effect was also issued. It is stated that the petitioner being not satisfied with the mark sheet secured by him, made an application for scrutiny of the answer papers. However, the petitioner again decided to appear in the same Intermediate Examination in 2003 and, accordingly, he submitted necessary papers and deposited requisite fee in the concerned school. The Intermediate Council issued admit card allowing him to appear in the Intermediate Examination. 2003. The petitioner appeared in the examination and his result was published and a cross list was issued wherein the petitioner secured higher marks in all subjects than the marks obtained by him in the earlier examination. The petitioner, therefore, represented the Council for immediate issue of mark sheet but the Council refused to issue the mark sheet on the ground that by mistake he was allowed to appear in the examination, 2003.
(3.) MR . Saurav Arun, learned counsel appearing on behalf of the respondent -Council drawn my attention to annexure -A to the counter affidavit which is a letter dated 11.7.1998 issued by the Secretary of the Intermediate Council laying down the guidelines for re -appearing in the examination for improvement of performance. According to the leaned counsel as per this guideline the petitioner ought to have appeared in the next examination, 2002 and after lapse of one year, he ought not to have been allowed to appear in the examination conducted in 2003.;