Suman Devi vs Upper Sachiv Madhyamik Shiksha Parishad,Kshetriya Karyalaya,Varanasi &Ors.

R.D. Shukla, J.—The writ petition has been filed for a writ of certiorari to quash the marksheet and letter dated 7101999 declaring the petitioner failed in Intermediate Examination of 1999.

Facts disclosed indicate that petitioner was earlier declared passed in Intermediate result declared in the year 1999 and marksheet was issued on 3061999. The marksheet revealed that petitioner passed Intermediate Exams. Later on, subsequent marksheet was issued on 7th October, 1999 declaring the petitioner to have been failed. The difference in the two marksheets had been on account of revaluation of the marks given to the petitioner in Sanskrit subject. She had received 50 marks in the earlier marksheet, whereas she received only 30 marks in the subsequent marksheet. In the result, grace marks given to the petitioner in the subject of Economics were not the same on account of said revaluation in the subject Sanskrit.

Be that as it may, the petitioner was declared passed in June, 1999 and it is not proper to declare that she failed after few months of the declaration of the result. The opposite parties are responsible for the declaration of the result and they issued the earlier marksheet. They without notice to the petitioner could not revaluate the marks given to her. The subsequent marksheet is, therefore, liable to be quashed. The petitioner is declared to have passed in Intermediate Exams, in 1999, on the basis of result declared in June 1999. She will use her marksheet dated 30th June, 1999 issued to her by the opposite parties and the original of marksheet dated 30th June, 1999 shall be issued to the petitioner and with these observations, the writ petition is disposed of finally.