Court No. - 35
Case :- WRIT - C No. - 27695 of 2021 Petitioner :- Ananya Singh Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Saroj Kumar Yadav Counsel for Respondent :- A.S.G.I.
Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner and learned Standing counsel appearing for the State-respondents.
The instant writ petition has been filed praying for summoning of the original records of Mathematics, General Knowledge and English subjects belonging to the petitioner from the Rashtriya Indian Military College, Dehradun in pursuance to the entrance examination conducted in December, 2020. A further prayer is for revising the marks after due scrutiny of marks secured by the petitioner in the examination after evaluating his answer booklets and to declare the petitioner successful for getting admission in Class VIII and to allow the petitioner to take admission on the basis of current marks.
Learned counsel for the petitioner contends that the petitioner had appeared in an entrance examination held at Lucknow. He contends that the petitioner failed to qualify in the said entrance examination. As the petitioner was sanguine and of the firm belief that she has done well in the examination, as such she applied under the provisions of Right to Information Act, 2005 (hereinafter referred to as “Act, 2005”) for being given the answer sheets of all the subjects. The answer sheets were supplied to the petitioner in July, 2021 but a specific averment has been made in paragraph 14 of the writ petition that a large number of answers of the said answer sheets did not bear the hand writing of the petitioner meaning thereby that the answer sheets of some other candidate had been supplied to the petitioner. After supply of the answer sheets in July, 2021, the petitioner is before this Court in the instant petition praying for the aforesaid reliefs.
Upon a specific query being put to the learned counsel for the petitioner as to (a) how this Court would have jurisdiction to issue a writ to the institution situated in Dehradun and (b) as to why the petitioner did not file an appeal under the provisions of the Act, 2005 to the appellate authority once alleged incomplete answer sheets were supplied to the petitioner, learned counsel for the petitioner contends that so far as the jurisdiction of this Court is concerned as the examination was conducted in Lucknow, as such this Court would have jurisdiction to entertain and decide the matter. So far as non filing of the appeal against the incomplete supply of answer sheets is concerned, it is submitted that as the session is to commence now, as such she has approached this Court praying for the aforesaid reliefs.
Even if this Court does not go into the question of jurisdiction to issue a writ to the institution situated in Dehradun, the fact of the matter remains that in case the petitioner was supplied incomplete answer sheets or the answer sheets did not bear hand writing it was also always open for the petitioner to have filed an appeal before the appellate authority under the provision of Act, 2005 for being supplied complete copies of her answer sheets and to not approach this Court by means of the instant writ petition praying for a fishing and roving inquiry and for summoning of the said answer sheets.
Considering the aforesaid and admittedly there being disputed question of facts as to whether the answer sheets bear the hand writing of the petitioner or not, this Court is not inclined to entertain the writ petition, accordingly the writ petition is dismissed leaving it open to the petitioner to avail any other remedies that may be available to her.
Order Date :- 25.10.2021 Pachhere/-