Court No. - 19
Case :- WRIT - C No. - 36329 of 2018 Petitioner :- Rohit Kumar Pal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Laxmi Shankar,Girish Chandra Maurya Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The petitioners have appeared in Ist semester examination of D.El.Ed. course. They are not satisfied with the result. They are seeking re-evaluation of their answer books.
Counsel for the petitioners is not in a position to state that there is any provision for re-evaluation. Ordinarily, re-evaluation is not directed, even in exercise of power under Article 226 of the Constitution, unless some grave error is shown. Along with the writ petition, no such material has been annexed.
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 petitioners so far. This Court, therefore, declines to entertain the prayer at this stage.
The writ petition is accordingly disposed of with liberty to the petitioners to apply under the Right to Information Act, 2005, and in which event, the respondents shall ensure that the answer scripts are shown to the petitioners expeditiously, preferably within two weeks.
(Manoj Kumar Gupta, J.) Order Date :- 31.10.2018 AM/-