Secretary, Board of Intermediate Education vs P. Pallavi and Another

M.S. Liberhan, C.J.—The 2nd respondent-Intermediate Board has preferred this appeal impugning the order dated 24-9-1999 of the learned Single Judge wherein the learned Judge, while disposing of the writ petition filed by the petitioner-student has directed the respondents to pay a sum of Rs. 10,000/- to the petitioner towards exemplary costs, within one month from the date of receipt of a copy of the order.

The learned Counsel for the appellant has impugned the order of awarding costs by the learned Single Judge, in which a student of an impressionable age by the act of negligence was made to fail in the examination, while on recount she secured 96% of the marks. This is another extreme case of discharging the administrative functions or duties recklessly. Awarding of damages of Rs. 10,000/- on the appellant in the present age cannot be termed to be an exemplary costs. It is just and proper, in the facts and circumstances of the case, to issue a show-cause notice to the appellant as to why the exemplary costs be not enhanced to Rs. 1,00,000/- and to be borne by the persons who are responsible for causing such mental agony and sufferance, especially when even till to-day, when the learned Single Judge has come to a conclusion that there was recklessness on the part of the Intermediate Board, the appellant has neither fixed the responsibility on the person/s responsible for the negligence in valuation nor taken any disciplinary proceedings or otherwise.

At this stage, the learned Counsel for the appellant submits that he may be allowed to withdraw the appeal. Permission is accorded.

The appeal is dismissed as withdrawn subject to the condition of the appellant paying an amount of Rs. 5,000/- to the respondent-student towards costs.

In view of the appeal having been dismissed as withdrawn, no show-cause notice to the appellant be issued.