Honble V.K. Shukla, J.

1. Heard learned counsel for the petitioner and learned Standing counsel.

2. In the present case petitioner has approached this Court with request that writ in the nature of mandamus commanding respondent nos. 2 and 3 to produce answer books of the petitioner pertains to Roll No. 0944063 in respect of subjects English Ist and 2nd paper, Art, Social Science 1st paper and Hindi 2nd paper and scrutinize the same and direct to recheck all the answer books.

3. Under the provision of U.P. Act No. II of 1921 there is no provision provided for re-evaluation as such prayer made by petitioner cannot be accepted as per the judgment of Honble Apex Court in the case of Maharastra State Board of Secondary Education Vs. Paritosh Bhupesh Kurmarsheth, : AIR 1984 SC 1543 [LQ/SC/1984/165] , wherein Honble Apex Court has clearly taken the view, that in the absence of provision of re-evaluation, direction to the said effect, cannot be accorded. Said view has been reiterated again in the case of Pramod Kumar Srivastava Vs. Chairman Bihar Public Service Commission, 2004 AIR SC (4116).

4. Under the provision of U.P. Act No. II of 1921 and Regulation framed thereunder only remedy provided to the petitioner for scrutiny and in the present case petitioner has applied for scrutiny, wherein as per petitioner no change has been found, in such a situation and in this background no relief or reprieve can be accorded to the petitioner.

5. At last petitioner is insisting to summon the answer sheets in question for his satisfaction.

6. Honble Apex Court in case of West Bengal Council of Higher Secondary Education & another Vs. Pritam Rooj & others (Appeal Civil 6462 of 2011) decided on 09.08.2011, while affirming the judgment of Calcutta High Court in case of University of Calcutta & others Vs. Pritam Rooj) dated 09.02.2005 has held that in case an incumbent intends to peruse the answer sheet then remedy lies in approaching authority concerned under Right to Information Act, 2005.

7. With the above direction present writ petition is disposed of.