Shreyash Verma(Minor) Thru. His ... vs State Of U.P. Thru. Prin. Secy., ...
2023 Latest Caselaw 27710 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:65188
 
Court No. - 7
 
Case :- WRIT - C No. - 8195 of 2023
 
Petitioner :- Shreyash Verma(Minor) Thru. His Mother Archana Chaudhary
 
Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Secondary Education, Lucknow And Another
 
Counsel for Petitioner :- D.P. Dutt Tiwari,Shiv Shyam Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abdul Moin,J.

Heard.

The instant writ petition has been filed praying for a writ of mandamus commanding the respondent to re-evaluate the answer books of the petitioner in the subject drawing in the interest of justice and thereafter to issue a fresh marksheet enhancing marks in the subject drawing.

The contention of learned counsel for the petitioner is that the petitioner had appeared in the high school examination of the year 2023 but his marks in drawing are not upto his expectations and thus the instant writ petition.

Reliance has been placed on the judgment of this Court in the case of Anshuman (Minor) vs State of U.P. and others decided on 27.01.2017 passed in Writ Petition No. 27302 (MS) of 2016 to contend that this Court has directed for reevaluation of the answersheet.

On the other hand, learned Standing Counsel on the basis of instructions submits that there is no provision for reevaluation of answer book under the provisions of U.P. Intermediate Education Act, 1921 read with the regulations framed thereunder and consequently no such order may be passed by this Court.

Considering that there is no provision for re-evaluation of answer book under the Act 1921 as well as the regulations framed thereunder, this Court does not have any reason to issue directions to the respondents to reevaluate the answer sheet of the petitioner.

Considering the aforesaid, the writ petition is dismissed.

Order Date :- 9.10.2023

J.K. Dinkar