Heard Sri O.P.S.Rathore, learned counsel for the petitioner, Ms. Shambhavi Tiwari, learned counsel for the respondent-University and learned Standing Counsel for the respondent-State.
The petitioner is a B.Sc.IIIrd Year students in the respondent-University. The petitioner had enrolled in the B.Sc. course. The only prayer made by Sri O.P.S. Rathore, learned counsel for the petitioners, is that the application for re-evaluation of the answer-sheets of the petitioner of B.Sc. IIIrd Year Physics Paper-I Examination, 2019 conducted by the respondent-University be decided within a stipulated period of time.
Sri O.P.S.Rathore, learned counsel for the petitioner relies on a judgement of a Division Bench of this Court in Writ-C No. 871 of 2019, Devarsh Nath Gupta Vs. State of U.P. and Others, to contend that the University, is under an obligation to carry out the orders of this Court and ensure the re-evaluation of the answer-sheets regardless of the fact, whether a provision for re-assessment/re-evaluation exists in the statutes of the University or not.
Ms. Shambhavi Tiwari, learned counsel for the respondent-University does not dispute the law laid down by this Court in the case of Devarsh Nath Gupta (supra). She, however, contends that the University may be granted adequate time to carry out the necessary exercise.
It could be fruitful to extract the operative portion of the judgement rendered by a Division Bench of this Court in the case of of Devarsh Nath Gupta (supra).
"32. We also provide that, if any student who had appeared in examination of Agra University in the preceding three years, apply for reassessment or re-evaluation, taking present case as illustration, Agra University shall make reassessment/re-evaluation of answer sheet(s) of such student(s) and such case(s) shall not be declined for re-evaluation/reassessment only on the ground that there is no provision for re-evaluation in the Statute of University."
The case of the petitioner is covered by the law laid down by a Division Bench of this Court in the case of Devarsh Nath Gupta (supra).
Matter is remitted to the respondent no.3-Examination Controller, Dr. Bheem Rao Ambedkar University, Agra.
A writ of mandamus is issued commanding the respondent no.3-Examination Controller, Dr. Bheem Rao Ambedkar University, Agra to ensure that the re-evaluation of the answer-sheets of the petitioner in the B.Sc. IIIrd Year Physics Paper-I Examination, 2019 is done within a period of one month from the date of receipt of a certified copy of this order along with a fresh copy of the application for reevaluation.
The writ petition is disposed of finally.
Order Date :- 30.9.2019 Ashish Tripathi