An examinee cannot be made to suffer due to the fault of the investigator, and the right to education is a fundamental right that cannot be dealt with arbitrarily.

( 1 ) PETITIONER in the instant writ petition appeared in class 12th examination conducted by Board of Secondary Education, M. P. Petitioner appeared at the centre nalanda Public School. Satna. In the subject of biology petitioner submits that though he appeared but was wrongly shown as absent in the mark sheet supplied by the board. Petitioner has attempted the question paper and has answered the questions on the day on which examination of Biology was held i. e. 8-3-2002 from 8 a. m. to 11 a. m. Petitioner appeared with roll No. 2312291. It is a case of mistake of the board. Petitioner has not been awarded the supplementary also due to fault of the Board, thus, his entire year has been wasted.

( 2 ) PETITIONER prays for the relief that respondents be directed to trace that answer book of the petitioner and to declare the result after valuation and to make the payment of compensation. Petitioner submitted various representations which have been annexed but without any redressal of her grievance.

( 3 ) A return has been filed by the Board of Secondary Education, M. P. contending that petitioner has failed in another subject i. e. , English. Even if the petitioner is found to have appeared in Biology subject, he still would remain failed in one subject i. e. English. Thus, in the circumstances, eventually, the petitioner may not be entitled for any relief, having failed in one of the subjects. The Board admits that in the attendance sheet R. l/1 dated 8-3-2002 on which date the examination of Biology was held, petitioner is shown to be present. His signature appears on the attendance sheet. As per procedure, a student who appears in an examination on a particular date, has to sign on the attendance sheet in examination hall. Thereafter, the answer books are packed in lots of 20 answer books each by the Centre superintendent. The Centre Superintendent is required to give details of specific roll numbers whose answer books are put in lots of 20 answer books each. These answer books are then sent to the valuation centre for checking answer books. The answer book of the petitioner was not sent to the valuation centre as apparent from the letter R. 1 / 2. Petitioner was shown as absent. Only 19 answer books were sent for checking and valuation. Thereafter the report of valuation centre also shows roll number 2312291 as 'absent'. The report of the valuation centre also supports the case that petitioner's answer book was not received by the valuation centre. Letters of valuation centre are r. 1/3 and R. 1/4. However, the Board called for the relevant information from Principal govt. Boys Higher Secondary School, Satna, as per letter R. 1/5 dated 25-9-2002. Telegram R. 1/6 was also sent on 29-10-2002. Reminder R. 1/7 was also sent on 18-10-2002 to respondent No. 3 informing him that there was no reply from him with respect to information sought by the Board. The Board has received a letter R. 1/8 dated 7-11-2002 from the office of Principal Govt. Boys Higher secondary School, Satna informing the board that the relevant information can be obtained from Centre Superintendent concerned. Thereafter the Board wrote a letter r. 1/9 to Shri N. D. Khatri, Principal, Govt. Higher Secondary School, Birha, wherein it has been informed that the matter is pending before the High Court and the information as to whether the petitioner appeared or not is required to urgently sent to the board. Reply is still awaited by the Board. As the Board did not receive the answer sheet, petitioner has been shown as 'absent', board is making all efforts to gather information from respondent No. 3 and the centre Superintendent, who were responsible for sending petitioners answer books of Biology subject for valuation. In spite of reminders, it is clear that aforesaid respondents are not cooperating with the Board and the required information is not being sent.

( 4 ) A return has also been filed by respondent No. 2. It is admitted in the return that