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1997 Supreme(MP) 577

High Court Of Madhya Pradesh
D. P. S. CHAUHAN
KUMARI VENITA (MINOR) - Appellant
Versus
STATE OF M.P. - Respondents
W. P. 3600 Of 1997
Decided On : 09/05/1997

Advocates Appeared:
P.DIVAKAR

The word 'scrutiny of marks' does not include revaluation, and allows for the correction of errors in marking, not revaluation of answers.

Headnote:

Scrutiny of Marks - Examination Regulations - The court held that the word 'scrutiny of marks' does not include revaluation, and that scrutiny and revaluation are two different and distinct words with different meanings. It clarified that scrutiny of marks allows for the correction of errors in marking, but does not involve revaluation of answers. The petition was dismissed.

Fact of the Case:

The petitioner appeared in a Board Examination and applied for scrutiny of marks under Regulation 119, claiming that 'scrutiny of marks' includes revaluation. The Board did not revalue the answer books, leading to the petitioner's grievance.

Finding of the Court:

The court found that the word 'scrutiny of marks' does not encompass revaluation, and clarified that it allows for the correction of errors in marking, not revaluation of answers. The petition was dismissed due to lack of substance.

Issues: Interpretation of 'scrutiny of marks' under Regulation 119 and whether it includes revaluation of answers.

Ratio Decidendi: The court clarified that 'scrutiny of marks' does not include revaluation, and explained that it allows for the correction of errors in marking, not revaluation of answers.

Final Decision: The petition was dismissed due to the lack of substance, as the court held that 'scrutiny of marks' does not include revaluation.

D. P. S. CHAUHAN, J.

( 1 ) PETITIONER appeared in 10th Board Certificate Examination conducted by the M. P. Board of Secondary Education, Bhopal. The petitioner's Roll No. was 14319127 and her result was declared, and she was declared as successful.

( 2 ) THE grievance of the petitioner is that she applied for scrutiny of marks under Regulation 119 of Regulations of the Board of Secondary Education (Madhya Pradesh), 1965 which is extracted below:-"119. A candidate who has appeared at an examination of the Board may apply to the Secretary for the scrutiny of his marks and the re-checking of his result in accordance with the rules framed by the Board. "

( 3 ) REGULATION 119 provides for scrutiny of the marks and re-checking of the results and under this Regulation the petitioner applied to the Board of Secondary Education. This fact is orally submitted by the learned counsel, but it does not find place in the petition and from this it can be safely inferred that the Board of Secondary Education has not been approached under this Regulation.

( 4 ) IN paragraph 3 it is stated that in the Board Examination of Madhya Pradesh, there is no provision mentioning it clearly that answer book of the student will be revalued, instead respondent/board states that they will only check re-totalling of the marks in the answer Books.

( 5 ) LEARNED counsel for the petitioner submits that the word "scrutiny of marks" as has been used in Regulation 119 includes revaluation. He has also taken shelter of some decision in W. P. No. 2469/1996 (Anupam Awasthi v. State of M. P.) which was a decision of a single Judge.

( 6 ) LEARNED State counsel states that this decisions was appealed against in Letters Patent appeal, whereby the operation of the order has been stayed.

( 7 ) THE true interpretation of the word "scrutiny of marks" does not include the word revaluation. The "scrutiny" and "revaluation" are two different and distinct words and have got different meanings. "scrutiny of marks" means if there is some omission of marks against same question then the same can be scrutinised and if any error is detected then that can be corrected. The word mentioned is "scrutiny of marks" and not the "scrutiny of answers. " If on scrutiny of marks if error is detected then the result has to be re-checked and has to be corrected and the corrected marksheet showing the correct result has to be given to the candidate. In view of the above, this petition being sans substance is dismissed. Petition dismissed.

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