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2019 Supreme(Pat) 128

IN THE HIGH COURT OF PATNA
AMRESHWAR PRATAP SAHI, ANJANA MISHRA, JJ.
Anshu Ranjan - Appellant
Vs.
State Of Bihar - Respondent
Civil Writ Jurisdiction Case No. 3873 of 2019
Decided on : 27-02-2019

Advocates:
Advocate Appeared:
Rakesh Kumar Sharma, Adv., Rajnish Kumar, Adv., Sanjay Pandey, Adv., Mrigendra Kumar, Adv.

The court upheld the deletion of a question from the examination paper, finding no error in the decision and no resulting prejudice to any candidate.

Headnote:

Question Deletion - Grievance of Prejudice - The court upheld the deletion of a question from an examination paper, finding no error in the decision and no resulting prejudice to any candidate.

Fact of the Case:

The petitioner raised a grievance regarding the deletion of a question from an examination paper, claiming prejudice due to lowered marks.

Finding of the Court:

The court found no error in the decision to delete the question, stating that it would not cause prejudice as it would impact all candidates equally. The writ petition was accordingly rejected.

Issues: Grievance over deletion of a question from the examination paper, alleged prejudice due to lowered marks.

Ratio Decidendi: The court determined that the deletion of the question was not erroneous and would not result in prejudice to any candidate, thus not warranting interference on the ground of violation of Article 14 of the Constitution of India.

Final Decision: The writ petition was rejected by the court.

JUDGMENT :

AMRESHWAR PRATAP SAHI, J.

1. Having heard learned counsel for the petitioner, it appears that the grievance is that by deleting Question No. 25, the respondents have caused prejudice to the petitioner as his marks stand lowered so as to attain the minimum bench mark fixed. Question No. 25 is as follows:-

“25. Rajjnama is the Persian translation of which Hindi book?

(A) Ramayana

(B) Mahabharata

(C) Ramcharitmanas

(D) Kavitavali”

2. Shri Pandey, learned counsel for the Commission contends that the description of the Persian translation has been incorrectly spelt as ‘Rajjnama’, whereas the correct spelling is “Rezanama”. Secondly, the question also incorrectly describes the said translation to be of a Hindi book, whereas the same is a translation of Mahabharata, which is in Sanskrit. On account of this ambiguity in the question posed in the question paper, it was resolved to delete the said question from evaluation in all answer sheets.

3. We do not find any error in the said decision taken by the respondents nor will it cause any prejudice to anyone as the deletion will result in an identical impact on all candidates. Consequently, this is not a case for interference on the ground of violation of Article 14 of the Constitution of India.

4. The writ petition accordingly stands rejected.


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