Court No. - 54
Case :- WRIT - C No. - 42388 of 2019 Petitioner :- Vipin Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Dubey Counsel for Respondent :- C.S.C.,Gagan Mehta
Hon'ble Rajiv Joshi,J.
Heard Sri Anurag Dubey, learned counsel for the petitioner and Ms. Shambhavi Tiwari, learned counsel for respondent nos. 2 and 3.
By means of the present writ petition, the petitioner seeks a direction in the nature of mandamus commanding the respondent nos. 2 and 3 to re-evaluate the answer book of the petitioner of IInd Paper of Physics of B.Sc. Part-II as well as calculate the marks awarded to him properly in the same.
Contention of the learned counsel for petitioner is that he approached the respondent University and applied for the scrutiny of marks and rechaecking of the anwer-sheet through online and deposited prescribed fee and the University sent his copy through E-mail in which certain illegalties were seen by the petitioner to the effect that marks of the certain answers has not been awarded.
Ms. Shambhvi Tiwari, learned counsel appearing on behalf of the University submits that there is no provision for revaluation under statute of the University and therefore, prayer made by the petitioner, is totally misconceived.
I have considered rival submission raised by the parties and perused the record.
Since, there is no provisions for re-valuation under the statute of the University but the petitioner have a remedy to approach the concerned authorities of the University to the effect that certain answers has not been marked in the answer book supplied to him and for that purpose, petitioner should have filed the representation before the University but admittedly no representation has been filed.
I do not find any good ground for issuing writ of mandamus to re-evaluate the answer book of the petitioner of IInd Paper of Physics of B.Sc. Part-II, however, liberty is granted to the petitioner to move a fresh representation before the concerned authority of the University for his grievances within a week's from today along with the certified copy of this order. In case such representation is being made, the authority concerned of the University shall consider and decide the representation of the petitioner within two weeks from the date of the representation is made.
Order Date :- 19.12.2019 Akbar