ORDER

The present petition has been filed seeking revaluation of answer sheet of Chemistry subject of Higher Secondary School Certificate Examination held in

2017.

2. The case of the petitioner is that she appeared in the Higher Secondary

Signature Not Verified Signed by: TAJAMMUL

th School Certificate Examination Class-12 in 2017. The petitioner did her best in all papers. When the results were declared, she only got 422 marks out of 500 marks. She was surprised to see that in Chemistry subject she got only 74 marks out of 100 marks whereas as per expectations, if the revaluation of the revaluation of the subject is made, she will be getting at-least 95 marks. It is her case that she completed her Chemistry paper, filled supplementary copy and got only 49 marks in theory. The petitioner is a brilliant student and got highest th percentage in Class-11th. When the receipt of mark-sheet of Class-12 was supplied, it was found that she has not been awarded the marks as she was expecting, therefore, she filed an application for revaluation in a particular subject of Chemistry, deposited the fees and requested for revaluation. The respondents have not made any revaluation in a proper manner. When she obtained the answer-sheet, she found that she has been provided zero marks in question Nos.13 and 20. Certain other questions were also pointed out by the petitioner in the writ petition. Therefore, when the revaluation performed that there is no change done by the respondents, she was having no other option except to file the present petition for redressal of her grievances. By way of covering memo, she has brought on record the model answers in chemistry subject to substantiate her arguments.

3. Per contra, counsel appearing for the respondent No.2 by filing return has opposed the contentions. It is submitted that the answer-sheets are being checked by the experts. Merely a student getting less mark than expectation is not a ground for revaluation. The respondents have framed regulations under the Madhya Pradesh Madhyamik Shiksha Adhiniyam, 1965. Regulation 119 is dealing with the case in hand which reads as under:.

Signature Not Verified Signed by: TAJAMMUL

"VERIFICATION OF MARKS OBTAINED BY A CANDIDATE IN A SUBJECT:

119 (1) Any candidate who has appeared at the examination may apply to the Secretary for verification whether the candidate's answers, in any particular subject, have all been examined and that there has been no mistake in the totaling of marks in that subject and transferring marks correctly, but not for evaluation of answers. Such an application must be made by the candidate to the Board within 15 days (fifteen) from the date of declaration of the examination result and must be accompanied by a fee as may be prescribed from time to time by the Board.

(2.) No candidate shall claim, or be entitled to, re- examination of his answer/answer(s) or disclosure or inspection of the answer-books or other documents treated by the Board as most confidential.

(3.) If, as result of the verification made under Regulation, it is discovered that there has been either an omission to examine and mark any answer or answers and/or a mistake in the totaling of the marks, the fee for verification shall be refunded to the candidate. If a mistake is discovered, it shall be corrected by the Secretary duly attested and dated, and if as a result of this correction the candidate's result, as already declared, is altered any way, he shall be informed of his correct result by a telegram.

(4.) If, on verification, a failed candidate in found to have passed in the examination, he will be declared to have qualified for the same examination.

(5.) If, a candidate having paid the fees prescribed under clause (1) fails to forward his application for verification within two weeks of the payment of fees or having made the application within the aforesaid period, omits to give the following details in his application :-

(i) Name, Examination, Roll Number and Centre.

(ii) Su