Full Judgment
1 Writ Petition No. 11373 Of 2009 26.8.2013 Shri D.K. Sharma, learned counsel for the petitioner.
Shri K.S. Wadhwa, learned counsel for respondents.
Heard.
Having appeared in High School Certificate Examination 2008 conducted by respondent No. 1 M.P. State Open School and being aggrieved of being shown as absent in Mathematics resulting in failure, the petitioner has filed this petition seeking direction to respondents to provide correct/modified marksheet by holding him as present in the mathematics subject.
On being noticed, the respondent No. 1 has filed return stating therein that the answerbook of mathematics subject of petitioner was not received by respondent No. 1 with the checklist which was furnished by respondent No. 2, Principal Government Higher Secondary School, Beogarbag. That a further search was conducted at Kamla Nehru School, Bhopal wherein the answerbooks were examined/checked by the examiner. But since the answer book was not found, a committee was constituted by respondent No. 1 of its senior staff members to take appropriate action; whereon, a decision was taken to provide average marks in subject of mathematics to the petitioner.
It is urged that on the basis of the decision taken by committee marksheet was issued to the petitioner showing him pass in mathematics by giving average marks. Though the petitioner disputes having received the mark sheet; however, as apparent from Annexure R1/1 that the original marksheet has been sent to Principal, Government Girls Higher Secondary School, Beoharbag, the center from where the petitioner has appeared in the examination.
2 The matter would have ended here; however, a dispute is raised by the petitioner who insisted upon that he was wrongly declared as absent in the mathematics which was held on 27.5.2008. Much emphasis has been laid by the petitioner on the checklist issued to the petitioner filed as Annexure P4. However, when called upon to demonstrate from the said checklist regarding petitioner having appeared in mathematics paper of 27.5.2008, the petitioner whose Roll No. is 1202725213 except pointing out the placement of fraction 5213 in the checklist fails to establish that the checklist contain roll no 1202725213. The petitioner though in 4th column does point out that the series has started from 120272, however, when Annexure P4 is microscopically examined, it is found that figure 120272 is incursed whereas 5213 is a fraction of 72 and not of 120272 because 5213 is preceded by number 5198, 5136, 5132, 5123, 5128, 5046, 5043, 5042, 5029, 5013, 5012 and 5005. In view whereof petitioner having failed to establish to have appeared in mathematics paper held on 25.7.2008 no presumption can be drawn in his favour.
Be that as it may. Since the petitioner has been declared pass by giving benefit of average marks, no further indulgence is warranted in the matter.
The petition is accordingly disposed of. No costs.
(SANJAY YADAV) JUDGE Vivek Tripathi