Office Notes, reports, orders or proceedings S N L o . .

Date or directions COURT’S OR JUDGE’S ORDERS and Registrar’s order with Signatures WPMS 542/ 2023 Hon’ble Manoj Kumar Tiwari, J.

Mr. Yogesh Pant, Advocate, for the petitioner.

Mr. N.K. Papnai, Standing Counsel, for the State.

Mr. Virendra Singh Rawat, Advocate, for the respondent no. 2.

(2) Petitioner appeared in Intermediate Examination conducted by Uttarakhand Board of School Education, Ramnagar, in the year 2022. Since the marks scored by him in English subject were not as per his expectation, therefore, he has approached this Court seeking the following reliefs:

“I. To issue a writ, order or direction in the nature of mandamus whereby directing the respondent no. 2 to reassess the marks given to the petitioner, for English subject in Intermediate/12^th Examination 2022, conducted by the Board of School Education Uttarakhand.

II. To issue a writ, order or direction in the nature of certiorari whereby quashing “Rule 6 (Da) of the Uttarakhand School Education Board Rules 2009” as far it prohibits reassessment of marks given to an answer.

III. To issue a writ, order or direction in the nature of mandamus whereby directing the respondents, to constitue an appropriate committee, for recommending appropriate cases in which reassessment of marks is required.”

(3) Learned Counsel for the petitioner submits that petitioner scored 94 per cent or more marks in all other subjects except English, which indicates that assessment made by the examining body was faulty. He, therefore, prays that a direction be issued to the examining body to re-evaluate the answer scripts of English subject of the petitioner.

(4) Learned Counsel appearing for the examining body submits that re-evaluation is not permissible under the rules and only scrutiny of marks can be done, that too on an application by the concerned student. He submits that if petitioner makes application to Secretary, Uttarakhand Board of School Education, the same shall be considered as per law.

(5) Writ petition is, accordingly, disposed of with liberty to the petitioner to make application to Secretary concerned. If he makes such application within two weeks from today, the needful shall be done within six weeks thereafter.

(Manoj Kumar Tiwari, J.)

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