A.H. Saikia, J.

1. Heard Mr. S. Das, learned Counsel for the petitioner and Mr. T.C. Chutia, learned Standing counsel, Board of Secondary Education, Assam (for short, 'SEBA') on behalf of official respondents.

2. The case of the petitioner in the instant writ petition is that his son appeared in last H.S.L.C. Examination, 2005 under Roll- BO5 -217 and No. 0081 and after announcement of the result, his son secured 84% aggregate marks as per the mark-sheet in the said examination. That shocked the petitioner, as his son expected to obtain more than 97% in Advance Mathematics, 93% in Social Studies, 88% in General Mathematics and 90% in General Science. Since the marks obtained by him in those subjects were much less than his expectation, his son submitted an application before the Respondent No. 2, SEBA on 7.6.2005 for re-examination of his answer scripts of General Science, Social Studies and Advance Mathematics by depositing the requisite fees as per Board's Rules. After re-examination, the competent authority issued a Notification dated 20.7.2005 (Annexure -5 to the writ petition) wherein at Serial No. 49 it was reflected that petitioner's son obtained 86 revised marks against subject of General Science with the result shown as 'I -STAR'.

3. Being aggrieved by result of such re-examination, petitioner has approached this Court seeking a writ of Mandamus directing the respondent Nos. 2 and 3 to produce the answer scripts of those above mentioned subjects for referring the same to a Commission comprised of experts for re-examination of those answer scripts.

In paragraphs 5, 6, 7, 8, 9, 10, 11 and 12 petitioner states as under:

5. That your humble petitioner begs to state that as per statement of his son, his son highly expected to be secured more than 88% aggregate marks as he made correct answers to the question papers in the HSLC Examination commenced on 25th February, 2005 as such his son too expected to be obtained more than 97% in Advance Mathematics, 93% in Social Studies, 88%, General Mathematics and 90% in General Science.

6. That your petitioner begs to state that after announcement of result of HSLC Examination by the Board of Secondary Education, Assam, petitioner's son obtained the marksheet who secured 84% aggregate marks as such he became surprised as he could not obtain the mark as his expectation.

7. That your petitioner begs to state that the son of the petitioner was not satisfied with the marks obtained in the subjects of Social Studies, General Science, General Mathematics, Advance Mathematics shown in the marksheet (Annexure-3) as much as the petitioner's son submitted an application before the respondent No. 2 on 7.6.2005 for re-examination of answer scripts of General Science, Social Studies, Advance Mathematics by depositing re-examination fees to the authority of respondent No. 2 as per Board's Rules.

A copy of fees receipt of the re-examination of answer script is annexed herewith and marked as Annexure-4.

8. That your humble petitioner begs to state that after re-examination of the answer scripts of the candidate of High School Leaving Certificate Examination, 2005, who applied for re-examination and changes of marks of the petitioner's son has been detected to be 86 marks in the subject (paper) of General Science who originally obtained 84 marks and accordingly the Respondent No.2 issued by notification dated 20th July; 2005 for re-examination result of High School Leaving Certificate Examination.

A copy of re-examination result of HSLC Examination vide notification No. SEBA/EX/REG/RE-Exam/2005/07dated Guwahati the 20th July, 2005 is annexed herewith and marked as Annexure-5.

9. That the petitioner respectfully begs to state that the petitioner's son was not satisfied with the result of re-examination a such he did not accept the fresh mark sheet regarding revised marks.

10. That your petitioner begs to state that the son of the petitioner could not secure the expected marks due to some wrong entry of ma