Case Note & Summary
The petitioner, Vishal Rajendra Thaware, a student of the five-year B.A., LL.B. course at Swatantrya Senani Ramrao Awargaonkar Law College, Beed (respondent no.3), appeared for the 10th/final semester examination conducted by Dr. Babasaheb Ambedkar Marathwada University (respondent no.1) in April/May 2023. Results were declared on 02.08.2023, and the petitioner failed in Insurance Law (Optional Legal). He applied for a photocopy of the answer-sheet, which he received on 07.08.2023, showing 26 marks in theory and 12 in practical. Believing he deserved more marks, he deposited fees for re-evaluation with the college on 03.10.2023 and submitted the photocopy to the university. On 04.11.2023, the university declared re-evaluation results on its website, but the petitioner's result was missing. Upon inquiry, he learned that the college had failed to deposit the fees with the university within the stipulated time, leading to the rejection of his re-evaluation request. The petitioner filed a writ petition under Article 226 of the Constitution seeking directions to the university to accept the fees and undertake re-evaluation. The court observed that the student had complied with all requirements by depositing fees with the college within time, and the college's failure to forward the fees should not prejudice the student. The court directed the university to accept the fees from the college and process the re-evaluation of the petitioner's answer-sheet within four weeks. The petition was allowed with no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Re-evaluation of Answer-sheets - Student deposited re-evaluation fees with college within time, but college failed to forward fees to university - University refused re-evaluation - Held that student cannot be penalized for college's default; university directed to accept fees and process re-evaluation (Paras 1-6).
Issue of Consideration
Whether the University can refuse re-evaluation of a student's answer-sheet solely on the ground that the college failed to deposit the fees within the stipulated time, when the student had deposited the fees with the college within the prescribed period.
Final Decision
The petition is allowed. Respondent nos.1 and 2 are directed to accept the fees from respondent no.3-College and undertake the process of re-evaluation of the petitioner's answer-sheet in Insurance Law subject within four weeks from the date of receipt of the order. No order as to costs.
Law Points
- Article 226 of the Constitution of India
- Re-evaluation of answer-sheets
- University examination rules
- Student's right to fair evaluation
- College's duty to forward fees
Case Details
2024 LawText (BOM) (03) 12
WRIT PETITION NO.562 OF 2024
Smt. Vibha Kankanwadi, S. G. Chapalgaonkar
Mr. S. S. Gangakhedkar h/f Mr. D. S. Patil for Petitioner, Mr. S. S. Thombre for Respondent Nos.1 and 2, Mr. C. V. Thombre for Respondent No.3
Vishal s/o Rajendra Thaware
Dr. Babasaheb Ambedkar Marathwada University, The Director Examination And Evaluation Board, Swatantrya Senani Ramrao Awargaonkar Law College
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking directions for re-evaluation of answer-sheet.
Remedy Sought
Petitioner sought directions against respondent nos.1 and 2 to accept form and fees submitted by respondent no.3-College and undertake re-evaluation and re-checking of answer-sheets.
Filing Reason
Petitioner failed in Insurance Law subject; he deposited re-evaluation fees with college within time, but college failed to forward fees to university, resulting in non-consideration of his re-evaluation request.
Issues
Whether the University can refuse re-evaluation of a student's answer-sheet solely on the ground that the college failed to deposit the fees within the stipulated time, when the student had deposited the fees with the college within the prescribed period.
Submissions/Arguments
Petitioner argued that he deposited fees for re-evaluation with respondent no.3-College on 03.10.2023 and took necessary steps as per rules.
Respondent nos.1 and 2 contended that the college failed to deposit fees within stipulated time, hence re-evaluation was not considered.
Ratio Decidendi
A student who has complied with all requirements by depositing re-evaluation fees with the college within the prescribed time cannot be penalized for the college's failure to forward the fees to the university. The university must accept the fees and process the re-evaluation.
Judgment Excerpts
The petitioner contends that he was student of five years B.A., LL.B. Course and prosecuting his studies in 5th year with respondent no.3-College.
According to the petitioner, he deposited fees for re-evaluation of answer-sheet in the subject of Insurance Law on 03.10.2023 with respondent no.3-College.
On enquiry he came to know that respondent no.3-College failed to deposit fees/charges within stipulated time with respondent nos.1 and 2.
Procedural History
Petitioner filed writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay Bench at Aurangabad. The court admitted the petition and with consent of parties, took it up for final hearing at the stage of admission. Judgment reserved on 12th March 2024 and pronounced on 19th March 2024.
Acts & Sections
- Constitution of India: Article 226
