Court No. - 19
Case :- WRIT - C No. - 35525 of 2018 Petitioner :- Naveen Kumar Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A.K. Verma,S1167,Shri Chandra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The relief claimed in the writ petition is for issuance of a mandamus commanding the respondents to undertake re- evaluation of answer books of the petitioner in all subjects of U.P. D.EL.ED. Ist Semester Examination held in May, 2018. The petitioner has also prayed for a mandamus commanding the respondents to permit him to appear in the IInd Semester Examination.
Petitioner has failed in the Ist Semester Examination. Ordinarily, a re-evaluation is not directed unless some grave error is shown to have been committed. Petitioner has yet not filed any application under the Right to Information Act, 2005, therefore, he is not in a position to demonstrate before this Court any error was committed in the evaluation process.
The Supreme Court in the case of C.B.S.E. Vs. Aditya Bandopadhyay 2011 (6) AWC 5567 has held that the candidate appearing in the examination has got a right to look into the answer script under the Right to Information Act, 2005, which remedy has not been availed by the petitioner so far. This Court, therefore, declines to entertain the prayer at this stage.
Accordingly, without directing for re-evaluation of the answer book at this stage, the writ petition is disposed of with liberty to the petitioner to apply under Right to Information Act, 2005 for being shown the answer book and in which event, the respondent Nos. 2 and 3 shall be bound to show the answer book to the petitioner within next two weeks.
(Manoj Kumar Gupta, J) Order Date :- 26.10.2018 Sattyarth