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TMI Blog2007 (9) TMI 715X X X X Extracts X X X X X X X X Extracts X X X X ..... gher Secondary Education in 2004. Respondent No.2 is the father of respondent No.1. As a matter of Post-Publication Scrutiny of results of Higher Secondary Examination 2004 the marks of respondent No.1 in Physics (Theory) Paper-II were increased by two marks. A Writ Petition was filed by respondent No.1 for a direction to the Council-Appellant to produce the answer scripts of respondent No.1 in several papers. The said such answer scripts were produced before the court pursuant to the direction given on 21.12.2004, on respondent No.1 depositing a sum of ₹ 5,000/- with the Council. The matter was adjourned to 27.1.2005, and opportunity was given to learned counsel for respondent No.1 to inspect the answer scripts. On 27.1.2005, learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the appellant. Learned counsel for respondent Nos. 1 and 2 submitted that they have nothing further to submit and do not want to contest than what was noted by the High Court. 6. The permissibility of re-assessment in the absence of statutory provision has been dealt with by this Court in several cases. The first of such cases is Maharashtra State Board of Secondary and Higher Secondary Education Anr v. Paritosh Bhupeshkumar Sheth Ors. reported in (1984 (4) SCC 27). It was observed in the said case that finality has to be the result of public examination and, in the absence of statutory provision, Court cannot direct re-assessment/re- examination of answer scripts. 7. The courts normally should not direct the production of answe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udents who have passed their Intermediate Board Examination are eligible to appear for the entrance Test for admission to the Medical Colleges in U.P. Certain books are prescribed for the Intermediate Board Examination and such knowledge of the subjects as the students have is derived from what is contained in those text-books. Those text books support the case of the students fully. If this were a case of doubt, we would have unquestionably preferred the key answer. But if the matter is beyond the realm of doubt, it would be unfair to penalize the students for not giving an answer which accords with the key answer, that is to say, with an answer which is demonstrated to be wrong . 8. Same would be a rarity and it can only be done in exc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing technical expertise and rich experience of actual day-to-day working of educational institutions and the departments controlling them. It would be wholly wrong for the Court to make a pedantic and purely idealistic approach to the problems of this nature, isolated from the actual realities end grass root problems involved in the working of the system and unmindful of the consequences which would emanate if a purely idealistic view as opposed to pragmatic one were to be propounded. In the above premises, it is to be considered how far the Board has assured a zero defect system of evaluation, or a system which is almost fool-proof . 11. The appeal is allowed. There will be no order as to costs. - - TaxTMI - TMITax - Indian Laws ..... X X X X Extracts X X X X X X X X Extracts X X X X
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