MINOR JAYESH J. BARVE THROUGH HIS GUARDIAN FATHER Vs. THE GUJARAT SECONDARY BOARD

JUDGEMENT

(1.) Here it may be stated that the petition does not disclose and it does not impute any mala fides on the part of the examiner or on the part of the moderator. The only averment made is that the student had expected 90% to 92% of marks. That expectation did not come true. The whole thing, therefore, rests on suspicion based on two factors viz. (a) the expectaion did not come true, and (2) the mark sheet was received late. None of those two would be equivalent to suggest. want of, bono fides on the part of either the examiner or the moderator.

(2.) In regard to the question Nos 5 and 6, I may only say that it is a valuation by an, expert and if mark or two marks are given less more this court cannot say that the marks given are proper or improper. The learned Advocate ultimately prayed that whether in Hindi paper an essay is written or an autobiogtaphy is written, is required to be decided and therfore, the Court should leave it to some other expert. Such a request if acceded, it would bring about a result which to my mind would bring about chaos in the academic work in the whole examination system. The whole thing thereafter rested on question No. 4 and the only question which was posed was whether the answer which was written was an essay or an autobiography. This Court is not competent to say whether the answer is an essay or an autobiography.