Court No. - 54
Case :- WRIT - C No. - 42703 of 2019 Petitioner :- Arsalan Ahmad Shaikh Respondent :- Veer Bahadur Singh Purvanchal University Jaunpur And 2 Others Counsel for Petitioner :- Ghan Shyam Maurya,Irfan Raza Khan,Mr. Niyaz Ahmad Khan (Senior Advocate) Counsel for Respondent :- Shiv Badan
Hon'ble Rajiv Joshi,J.
Heard learned Senior counsel for the petitioner Sri Niyaz Ahmad Khan, and Sri Shiv Badan, learned counsel appearing for the University.
The counsel for the University has pointed out that it is not as if any of the questions answered by the petitioner have not been marked at all. All questions have been corrected and marked by the examiner as is evident from the photocopies of the answer sheets filed by the petitioner as Annexure-6 to this writ petition. It is only with respect to the marks given by the examiner that the petitioner is aggrieved.
It has been submitted that a perusal of the question papers would show that the answers were subjective type answers for the Mathematics Ist paper and Mathematics IInd paper. The petitioner may have given answers which were found lacking by the examiner and it all depends upon the wisdom of the examiner and no re-evaluation can be done in the absence of any Regulations for the same by the University.
If the petitioner is aggrieved by the marking of the answers by the examiner, he may indicate what would be the correct marks for such answers which has not been done in the pleadings in the writ petition.
This Court cannot go into the disputed questions like how many marks should be given to the candidate by the examiner for a particular question. Therefore, this Court also cannot issue any direction in the nature of mandamus to the University to get the answer copies of the petitioner re-evaluated.
The petitioner may give a detailed representation to the Examination Controller of the University stating out correctly his case with regard to arbitrary marking as alleged by him on his answer sheets for Mathematics paper Ist & IInd. The Examination Controller shall submit his report to the Vice Chancellor of the University who shall take appropriate action thereafter under Section 13(1)(e) of the State Universities Act.
With the above observation, the writ petition is disposed of.
Order Date :- 20.12.2019/SNT/