Bombay High Court
Madhav S/O Achyut Chorghade vs Central Board Of Secondary ... on 23 November, 2021
Bench: S.B. Shukre, Anil Laxman Pansare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4274 OF 2021
Madhav s/o Achyut Chorghade
Aged 18 years, Occ.: Student,
R/o. Plot No.34, Iccha Co-operative
Housing Society, Near 85 Plots Area,
Narendra Nagar Extension, Nagpur.
Tq. and Distt. Nagpur. .... PETITIONER
// VERSUS //
1. Central Board of Secondary
Education through its Chairman
Shiksha Kendra-2, Community
Center, Preet Vihar, Delhi-110092.
2. Central Board of Secondary
Education, Through its Regional
Officer, RLM Business Park,
Sr. No.28/4/A/ Old Kharadi Mundava
Road, Opposite to Bollywood Multiples,
Kharadi, Pune-411014
3. School of Scholars, though its
Principal, Atrey lay-out, Nagpur.
Tq,. And Distt. Nagpur. .... RESPONDENTS
Mr. S.A. Mohta, Advocate for petitioner.
Ms. Aarti Singh, Advocate for respondent No.3.
________________________________________________________________
s
CORAM : SUNIL B. SHUKRE, AND
ANIL L. PANSARE, JJ.
DATE : 23rd NOVEMBER, 2021.
ORAL JUDGMENT: [PER: S.B. Shukre, J.]
Heard Shri S.A. Mohta, learned counsel for the
petitioner and Ms. Aarti Singh, learned counsel for respondent
No.3.
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2. Respondent Nos.1 & 2 as per the Pursis bearing
(Stamp) No.02/21 has been duly served with the notice via e-mail.
The copies of e-mail sent to the respondents are annexed to the
pursis. We are satisfied that the respondent Nos.1 & 2 are duly
served with the notice through e-mail. However, nobody is present
for respondent Nos.1 & 2.
3. Rule. Rule made returnable forthwith. Heard finally by
the consent of the parties.
4. The claim made by the petitioner is supported by
respondent No.3. It is seen from this letter that it has been received
by respondent No.1 at 3:30 p.m. on 11.08.2021. By this letter, a
request has been made for correcting the score of Chemistry theory
from '16 marks' to '23 marks' and also score of subject Psychology
theory from '31 marks' to '24 marks', in favour of the petitioner.
However, no response has been received by the respondent No.3 or
the petitioner. It is admitted by the respondent No.3 that while
sending the marks proposed to be allotted to the petitioner for
subjects Chemistry theory and Psychology theory, a clerical mistake
was committed by some official of respondent No.2. The
performance sheet sent to respondent No.1 by respondent No.3,
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according to the respondent No.3, justifies the above referred
corrections in marks to be allotted to such subjects as Chemistry
theory and Psychology theory. We are of the view that purposes of
this petition would be served if appropriate directions are issued to
the respondent No.1.
5. Accordingly, the respondent No.1 is directed to take its
decision on the letter received by it on 11.08.2021 at 3:30 p.m.
which was sent by respondent No.3 and correct the marks, if
justified by the performance sheet already sent to the respondent
No.1, within two weeks from the date of receipt of this order.
6. The petitioner is directed to send the copy of this order
to respondent Nos.1 & 2 for doing the needful in the matter.
Rule is made absolute in the above terms. No costs.
JUDGE JUDGE
Prity
