Scrutiny of marks means close examination of the marks obtained by a candidate, not revaluation of the entire answer book.

A.K. Mathur, C.J.

1. This is a Letters Patent Appeal directed against order dated 1-10-1996 passed by learned Single Judge in a batch of writ petitions, whereby the learned Single Judge has issued following directions to the State of M. P. and to the Secretary, M. P. Board of Secondary Education, Habibganj, Bhopal.

"18. In the result all the writ petitions are allowed with the following directions :

(i) The respondent Board shall communicate to students through the electronic and printing media that they can apply for scrutiny of marks, which shall include revaluation of the answer books within two weeks from today;

(ii) All the examinees shall be given two weeks time to file their applications for scrutiny of marks along with the requisite fee;

(iii) The Board shall on receipt of the applications by the examinees revaluate the same;

(iv) The result of the revaluation shall be communicated by the Board to the examinees expeditiously;

(v) The Board shall furnish to the State Government the list of teachers, who in its opinion did not perform their duties as examiner diligently; and

(vi) The State Government shall take appropriate action against the delinquent teacher within two months from the date of communication by the Board, in accordance with law."

2. All the petitioners are students and they appeared in the Higher Secondary Certificate Examination or High School Certificate Examination conducted by the Madhya Pradesh Board of Secondary Education (hereinafter referred to as the 'Board') and sought scrutiny of their marks. It was submitted before the learned Single Judge on behalf of the Board that 'scrutiny of marks' only means 're-totalling of marks' and it does not permit interpretation of revaluation of answer books. In this context, learned Single Judge examined the case.

3. Appellant Board is a statutory body constituted under section 3 of the M. P. Madhyamik Shiksha Act, 1965 (for short the Act'). Powers have been conferred on the Board to take all necessary steps to conduct examination in a reliable, comprehensive and elaborate manner. Section 28 of the Act confers powers on the Board to make Regulations for carrying into the effect the provisions of the Act. In exercise of this power, the Board framed Regulations known as M. P. Board Secondary Education Regulation, 1965 (for short - the Regulation). Regulation 119 which is relevant for our purpose reads as under :

"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 rechecking of his result in accordance with the rules framed by the Board."

In pursuance of this Regulation 119, certain rules have also been framed by the Board which in its meeting held on 7-12-1981, took the following decisions :

(A) The examinees appearing in the examination conducted by the Board can make a request within two months from the date of declaration of the result, after paying prescribed fee for retotalling of the answer books examined.

(B) Passed students if make request then answer books of all subjects and in case of failed student or students entitled for supplementary, make application then the answer books of failed subject shall only be retotalled.

(C) The totalling shall be done by the members of the local Board, members of the Curriculum committee, teachers of State Educational Institutions, Educational Colleges, Institution of English Language and two senior lecturers of the Higher Secondary School. Both the members after seeing the answer book shall give their report separately.

(D) In case, in the answer book any question remained unmarked then it shall be evaluated by the teachers/lecturers of the concerned subject.

4. The petitioners (respondents) applied for re-totalling of their marks on payment of certain fee. Application is required to be made within a period of two months. It is not disputed that the candidates appeared in the examination and applied for retotalling of their marks as required under R