Raj Aryan Singh (Minor) vs State Of U.P. And 3 Others
2021 Latest Caselaw 3728 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - C No. - 565 of 2021
 

 
Petitioner :- Raj Aryan Singh (Minor)
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Adeel Ahmad Khan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajit Kumar,J.

Heard Sri Adeel Ahmad Khan, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

By means of this petition under Article 226 of the Constitution, the petitioner has prayed for a direction in the nature of mandamus commanding respondent Nos. 2 & 3 to re-evaluate the answer books of the Intermediate Examination conducted by Madhyamik Shiksha Parishad, Uttar Pradesh on the ground that marks given by the Examiner are not sufficient.

Learned Standing Counsel has argued that there is no provision to re-evaluate the answer book under the rules framed by the Parishad and he has relied upon judgment in the case of Vishva Vaibhav vs. State of U.P. and others in Writ- C No.- 565 of 2021 decided on 15th December, 2020.

Having heard learned counsel for the parties and having perused the records, I find that marks with regard to which the petitioner aggrieved, may be lesser but this Court cannot direct for re-evaluation of the answer book of the petitioner in the absence of specific reules.

In view of the above, no re-evaluation can be directed in exercise of jurisdiction under Article 226 of the Constitution looking to the facts of the case.

The writ petition fails and is, accordingly, dismissed.

Order Date :- 16.3.2021

Atmesh