Namrata Chaurasiya vs State Of U.P. And 4 Others
2022 Latest Caselaw 16370 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - C No. - 33166 of 2022
 

 
Petitioner :- Namrata Chaurasiya
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ajay Kumar Rai,Binod Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Salil Kumar Rai,J.

Heard the counsel for the petitioner.

The present writ petition has been filed praying for a mandamus commanding the respondents, i.e., the Officers of the Board of High School and Intermediate Education, Uttar Pradesh to issue mark-sheet of intermediate examination of the petitioner showing her original marks in place of marks obtained in improvement examination.

In the improvement examinations, the petitioner had got lesser marks than what she was awarded in the original examinations.

The counsel for the petitioner argues that in light of the judgment and order dated 7.1.2022 passed by the Supreme Court in Writ Petition (Civil) No. 1214 of 2021 (Sukriti & Ors. vs. Central Board of Secondary Education & Anr.), the petitioner is entitled to be issued mark-sheet showing her original / higher marks.

The argument of the counsel for the petitioner cannot be accepted. The judgment of the Supreme Court in Sukriti (supra) is not applicable in the present case as in the case of Sukriti (supra), there was a departure by the Central Board of Secondary Education from its previous scheme where the better of the two marks obtained by the candidate in the subject was to be considered for final declaration of results.

The Central Board of Secondary Education was not able to justify such a departure from the previous schemes. So far as Board of High School and Intermediate Education, Uttar Pradesh is concerned, there is no departure in the scheme and it has always been the policy of the Board in Uttar Pradesh that the marks obtained in the second examination, i.e, the improvement examination shall be considered to be final.

For the aforesaid reason, the writ petition lacks merit and is, hereby, dismissed.

Order Date :- 9.11.2022

Satyam