Secretary Board of Secondary Education Bhopal and Another vs Yash Mundra and Another

Heard.

By filing this intra court appeal u/s 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, the appellants have challenged the order dated 10.10.2013 passed by the learned Single Judge of this Court in Writ Petition No. 12316/2013.

According to the appellants, the aforesaid writ petition, which was filed on 04.10.2013, was decided finally by the Writ Court on 10.10.2013, without affording opportunity to file reply to the appellants herein, who were respondents No. 2 and 3 in the writ petition.

It has been argued by learned counsel for the appellants that merely because cumulatively in other subjects out of 500 marks, the writ petitioner had got 410 marks and in the subject in question i.e. Hindi General, the writ petitioner got only 58 marks out of 100 marks, it cannot be said to be a ground to order for re-examination of the answer-sheet of Hindi General Subject by two Experts as has been done by the learned Single Judge. He submits that in view of the law laid down by the Supreme Court in the cases of Pramod Kumar Srivastava Vs. Chairman, Bihar Public Service Commission and Others, , Board of Secondary Education v. Pravas Ranjan Panda & another [(2004) 13 SCC 383] and Maharashtra State Board of Secondary and Higher Secondary Education and Another Vs. Paritosh Bhupeshkumar Sheth and Others, , the Writ Court should not have ordered for revaluation.

He, therefore, prayed that the order passed by the learned Single Judge be set aside and the matter be remanded to the Writ Court for deciding the writ petition afresh, after giving opportunity to the appellants herein to file reply.

Having considered the submissions made by the learned counsel for the parties, and having taken note of the fact that the appellants were not given opportunity to file reply of the petition, the order passed by the Writ Court cannot be sustained. The same is set aside. The matter is remitted the matter to the Writ Court for deciding the writ petition afresh.

The appellants herein to file reply of the writ petition within six weeks. The writ petition be listed before appropriate bench on 30.06.2014.

C.c. within three days.