Geeta Rani vs PSEB Mohali

R.L. Anand, J.—Geeta Rani has filed the present petition under Articles 226/227 of the Constitution of India praying for a writ in the nature of Mandamus to declare the marks secured by her in the elective subject of Physical Education and Sports. It has been further prayed by the petitioner that direction be issued to the respondent for the issuance of a fresh mark sheet by adding the marks so secured by her in the elective subject of Physical Education as per the provisions of respondent-Board.

The case set up by the petitioner is that she applied for appearing in Senior Secondary (12th) Examination conduced by the Board. She opted for elective subjects on 11.8.1997. The result of the petitioner was declared. She was shocked and surprised to note that she was placed in elective subject of Political Science instead of Physical Education for which she never opted. The memo pertaining to the Political Science paper showed that the petitioner appeared in the political science paper and the memo pertaining to the Physical Education paper showed that she did not appear in that paper. On 21.8.1997, the Centre Superintendent recommended for the correctness of the mark sheet of the petitioner. The father of the petitioner approached the respondent-Board for correctness. However, the petitioner was directed to appear personally. On 3.9.1997 the petitioner appeared in person but to no effect. In the meanwhile, in an attempt to save one year, the petitioner appeared in the compartment examination of Political Science. She was declared unsuccessful. The petitioner was surprised to find 60 marks out of total 100 marks in the elective subject of Physical Education and Sports. The petitioner issued a notice to the respondent but to no el feel. Hence, the petitioner filed a complaint u/s 12 of the Consumer Protection Act before the District Consumer Redressal Forum. Ferozepur, which was also dismissed as not maintainable on 15.6.1999. Left with no alternative, the present writ petition has been filed. Notice of the writ petition was given to the respondent-Board.

Main defence of the respondent is that the petitioner opted for elective subjects as Hindi, History and Political Science and she nowhere opted for History, Hindi and Physical Education and Sports. Therefore, she was placed under compartment in the subject of Political Science.

1 have heard Mr. Sandeep Jasuja, Advocate, for the petitioner and Mr. Jasdeep Singh, Advocate, for the respondent and with their assistance I have gone through the record of the case.

It is the basic principle of law that the disputed questions of fact cannot be adjudicated in the writ petitions. In compliance with the directions of this Court, the learned lawyer appearing on behalf of the respondent has placed before me the original form of the petitioner which shows that the petitioner opted for Hindi, History and Political Science and there is no dispute about this fact. The form shows that earlier the petitioner wrote Home Science as the subject. The subject Home Science was scored out and the subject Political Science was inserted. In the form, against column 11(e) the words have been written as Physical Education and Sports and these words have been scored out. In these circumstances, this Court is satisfied that the petitioner opted for the elective subjects of Hindi, History and Political Science and that she never opted for Physical Education or Home Science or Sports.

Learned counsel for the petitioner submitted that the petitioner opted for Physical Education and Sports. She wrote these subjects in the form but somebody scored out. This submission of the learned counsel for the petitioner cannot be accepted. The respondent-Board is not to gain by scoring out the words "Physical Education and Sports". When the Board is taking the examination of 1000 students in the subject of Physical Education, there is no problem on the part of the Board to the taking of the examination by the petitioner. It was then submitted by the learned counsel for the petitioner that the words "Political Science" has been written in a different ink from the words "Hindi" and "History". It is correct that the words "Hindi" has been overwritten and the words "Political Science" are written with a different ink as compared to the other ink impressions which is in the same ink. What it appears to be that earlier somebody has written on behalf of the petitioner the subjects in the History and Home Science and later on the advice of the petitioner Hindi has been scored out and the subject of Political Science has been written. Be that as it may, the point for determination is whether the petitioner opted for Political Science or Physical Education and Sports. This is purely a question of fact. It requires evidence of handwriting expert. It may also be noticed that the petitioner appeared in compartment in Political Science and she was declared unsuccessful. Learned counsel for the petitioner now relies upon Annexure P-5 and submits that the petitioner had appeared in Physical Education and Sports subject and she secured 60 marks. On the contrary, learned counsel for the respondent submitted that 60 marks shown in Annexure P-5 i.e. in the subject of Physical Education has been wrongly procured in connivance with the Centre Superintendent who allowed the petitioner to appear in the subject in an illegal manner. According to the respondent, the basic document is the admission form in which there is a clear mention of the choices of the petitioner with regard to the elective subjects i.e. Hindi, History and Political Science, therefore, any action in Annexure P-5 is not binding upon the Board. The undisputed subjects of the petitioner were Hindi and History. So far as the subjects of Physical Education and Sports arc concerned, it is a disputed question of fact.

This petition is, therefore, dismissed, with the observations that let the petitioner approach the competent Court of jurisdiction. She may file a suit for adjudication alleging that her elective subjects were Hindi, History and Physical Education and Sports. There shall be no order as to costs.

Petition dismissed.