Case Note & Summary
The petitioner, a student of the 5th year B.A., LL.B. course at Swatantrya Senani Ramrao Awargaonkar Law College, Beed, appeared for the 10th/final semester examination conducted by Dr. Babasaheb Ambedkar Marathwada University in April/May 2023. The result was declared on 02.08.2023, and the petitioner failed in three subjects: C.P.C., Public International Law, and Insurance Law. On 07.08.2023, the petitioner applied for photo copies of the answer-sheets of those subjects. He received two answer-sheets (C.P.C. and Insurance Law). A lecturer re-evaluated them and found that in C.P.C., marks for question no.4 were not added to the total, and the petitioner could have secured 29 marks instead of 23. In Insurance Law, the petitioner was eligible for 13 extra marks, potentially securing 40 marks. The petitioner also deposited fees for re-checking of Public International Law on 06.10.2023 with the college. The petitioner submitted the photo copies to the University and requested re-evaluation/re-checking. However, the University refused to accept the fees and process the application, citing delay. 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/re-checking. The Court, after hearing the parties, held that the University cannot refuse to accept the fees if the student has complied with the procedure and the delay is not attributable to the student. The Court directed the University to accept the fees and process the re-evaluation/re-checking within a specified period.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Re-evaluation of Answer-sheets - The petitioner, a law student, failed in three subjects and applied for photo copies of answer-sheets. Upon re-evaluation by a lecturer, it was found that marks were not properly added. The petitioner deposited fees for re-checking with the college, but the University refused to accept the same. The Court held that the University cannot refuse to accept the fees and process re-evaluation/re-checking if the student has complied with the prescribed procedure and the delay, if any, is not attributable to the student. (Paras 1-10)
Issue of Consideration
Whether the University is bound to accept the re-evaluation/re-checking application and fees submitted by the college on behalf of the student, and whether the University can refuse to process the same on the ground of delay.
Final Decision
The Court directed the University to accept the fees and process the re-evaluation/re-checking of the answer-sheets within a specified period.
Law Points
- Article 226 of the Constitution of India
- re-evaluation
- re-checking
- examination rules
- university regulations
