Petitioner challenged the fairness of the examination by seeking to alter marks of specific questions after the final result was declared. The Court found the objection filed after the stipulated time limit for objecting to the model answer key was belated and stale, hence dismissed the writ petition.
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Court No. - 36 Case :- WRIT - A No. - 1489 of 2020 Petitioner :- Smt. Prieeti Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shyam Sunder Maurya Counsel for Respondent :- C.S.C.,A.K.S.Parihar,Aakash Rai
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner, Sri A.K.S. Parihar learned counsel for the Board and the learned Standing Counsel for the State respondents.
Present petition has been filed for the following relief:-
"Issue a writ order or direction in the nature of mandamus directing the respondents to include the marks of 6 questions bearing question No. 9,48,109,110,111 and 123 of Question Booklet Series 'C'.
Upon instructions, Sri Parihar states that the written examination was conducted on 08.3.2019. Objections to the model answer key were invited from 27.3.2019 to 03.4.2019. Final results were declared on 26.11.2019. At present, the petitioner objects to the correctness of the answers of question Nos. 9, 48, 109, 110, 111 and 123 of Question Booklet Series 'C'.
In view of the facts noted above, the objection first filed by the petitioner on 03.12.2019 was wholly belated, it having been filed after the declaration of final result. Also, in absence of any pleadings to establish that the petitioner had ever objected to the model answer declared by the Board during the stipulated time 27.3.2019 to 03.4.2019, the challenge raised is not only stale but also misconceived.
The writ petition is accordingly dismissed . No order as to costs.
Order Date :- 16.11.2022/Faraz
Digitally signed by FARAZ AHMAD Date: 2022.11.17 10:14:47 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should direct the Board to include marks of specific questions in the examination result petitioned against after the final result was declared and the objection period expired.
Smt. Prieeti
State Of U.P.
Saumitra Dayal Singh
As recorded by the court registry
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