The court held that without statutory provisions allowing reevaluation of answer sheets, the claimant's dissatisfaction with awarded marks is insufficient for judicial relief.

JUDGMENT :

VIVEK SARAN, J.

1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-Respondents.

2. The instant writ petition has been filed with the following relief:-

"(i) Issue writ, order or direction in the nature of certiorari after calling the record of the case and to quash the impugned order dated 09.09.2025 passed by respondent Regional Secretary of Madhyamik Shiksha Parishad, Regional Office, Meerut (Copy of which is contained at Annexure no.1 to the writ petition).

(i) Issue writ, order or direction in the nature of mandamus commanding the respondent Regional Secretary of Madhyamik Shiksha Parishad, Regional Office, Meerut to ensure evaluation of answer of those questions in Hindi and Biology subjects of Intermediate Examination which were pointed out by petitioner by means of his representation dated 5.8.2025 (Annexure no.6 to the writ petition)."

3. Learned counsel for the petitioner submits that the petitioner had appeared in her Intermediate examinations for which the results were declared in the year 2025 and held scored well, however, the petitioner was not satisfied with the result and thus she applied for scrutiny in Hindi and Biology papers on 19.6.2025 and was called vide letter dated 18.7.2025 to be present at the office of the Board on 5.8.2025 in order to peruse her answer scripts of the said subjects. Thereafter the petitioner visited the office of the Board and was shown her answer copies. Learned counsel for the petitioner further submits that petitioner being dissatisfied with the score/marks awarded to her in Hindi paper for question nos.4(iii), 4(iv), 5¼d½] 5¼[k½]6]7 (ii), 8¼d½]¼[k½] 10(i)(ii), 13. Likewise the petitioner is also dissatisfied for the marks awarded in her Biology subject in question nos.3(d), 4(a), 4(c), 6(c), 7, 8 and 9, the petitioner submitted representation dated 5.8.2025 to the Regional Secretary of the Board ventilating her grievance. The said representation cannot be rejected by order dated 9.9.2025 citing that reevaluation cannot not be permitted under Chapter 12 Rule 21¼M+½ of the U.P. Intermediate Education Act, 1921. Learned counsel for the petitioner submits that the procedure adopted by the respondents by not allowing reevaluation of the answer-sheets in case of dissatisfaction of the petitioner being award of marks to certain questions, is arbitrary and thus prayed for reevaluation of the same.

4. Per contra, learned Standing Counsel has produced written instructions in compliance of the earlier order dated 28.11.2025 of this Court, the same are taken on record. On the strength of the same submits that there was an error in the totaling of the Biology paper of the petitioner and on scrutiny, two marks have been added. Thereby increasing the numbers of marks attained in Biology from 56 to 58 and consequently the marks awarded compositely in the subject has also increased from 86 to 88 and the total marks have also increased from 439 to 441. He further submits that there was no change in the Hindi paper therein. He further submits that the statement of modification of marks have been forwarded to the concerned school from where the petitioner can obtain the mark-sheet. Learned Standing Counsel also submits that the prayer for evaluation of answer-sheet is not provided in the U.P. Intermediate Education Act, 1921 and in absence of any such statutory provision, the prayer deserves to be rejected.

5. Heard the learned counsel for the parties and perused the records.

6. The question which falls for consideration before this Court is as to whether the answer sheets of intermediate examination could be sent for re- evaluation. Thus it is to be seen as to whe