Siddharth Hindal (Minor) S/O Shri ... vs School Education Department
2022 Latest Caselaw 13592 MP

                                                                 1
                           IN       THE       HIGH        COURT OF MADHYA                        PRADESH
                                                            AT INDORE
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 14 th OF OCTOBER, 2022
                                                 WRIT PETITION No. 15809 of 2019

                           BETWEEN:-
                           SIDDHARTH HINDAL (MINOR) S/O SHRI NARENDRA
                           HINDAL THROUGH GAURDIAN SHRI NARENDRA
                           HINDAL, AGED ABOUT 42 YEARS, OCCUPATION:
                           ADVOCATE 28, PHASE II, YASH NAGAR, DISTT.
                           MANDSAUR (MADHYA PRADESH)

                                                                                              .....PETITIONER
                           (SHRI PRASHANT UPADHYAY, LEARNED COUNSEL FOR THE
                           PETITIONER).

                           AND
                           1.      SCHOOL EDUCATION DEPARTMENT PRINCIPAL
                                   SECRETARY VALLABH    BHAWAN,  BHOPAL
                                   (MADHYA PRADESH)

                           2.      DISTRICT EDUCATION OFFICER VATSALYA
                                   ROAD, NEAR NEW COLLECTORATE BHAWAN,
                                   MANDSAUR (MADHYA PRADESH)

                           3.      EVALUATION OFFICER MAHARANI LAKSHMIBAI
                                   GIRLS HIGHER SECONDARY SCHOOL NEAR
                                   GANDHI CHAURAHA, MANDSAUR (MADHYA
                                   PRADESH)

                           4.      PRINCIPAL LAL BAHADUR SHASTRI GOVT.
                                   EXCELLENCE HIGHER SECONDARY SCHOOL
                                   NEAR    GANDHI   CHAURAHA, MANDSAUR
                                   (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                            (sHRI PRADYUMNA KIBE, LEARNED PANEL LAWYER FOR THE
                            RESPONDENS/STATE).

                           This petition coming on for orders this day, the court passed the following:
                                                                  ORDER

The present petition has been filed seeking a direction for revaluation of class Signature Not Verified Signed by: SOURABH YADAV Signing time: 14-10-2022 17:43:49

11th English subject answersheet. The petitioner had appeared in the English subject in class 11th in the year 2018-19. The petitioner was declared as failed in the english final examination in class 11th for the Session 2018-19 after securing 19 marks out of 100.

The petitioner had written to the Principal of the school for retotalling of the answer sheet. The retotalling was also done by the committee of the experts and no change was found in the marks obtained by the petitioner.

Counsel for the respondent submits that as there is no provision for revaluation in the examination policy issued by MP Director of Public Instructions. Since there is no provision for revaluation, therefore, this Court

cannot pass an order for revaluation. In support of his submission he has placed reliance on the judgment passed by the Apex Court in the case of Maharashtra State Board of Secondary and Higher Secondary Education Vs. Paritosh Bhupesh Kumar Sheth AIR 1984 S.C 1543. Even otherwise the petitioner has already passed class 12th from open school and the petition was filed in the year 2019.

In view of the aforesaid, I do not find any merit in the present petition for directing revaluation of the answer sheet when there is no provision for revaluation of answersheet in the rules of the examination. In view of the aforesaid, the writ petition is dismissed.

(VIJAY KUMAR SHUKLA) JUDGE Pramod

Signature Not Verified Signed by: SOURABH YADAV Signing time: 14-10-2022 17:43:49