Case Note & Summary
The case involves a writ appeal filed by Karnataka Veterinary Animal and Fisheries Sciences University (KVAFSU) and its officers against an interim order dated 25.11.2024 passed by a learned Single Judge in W.P.No.5876/2024. The respondent No.3, a student, had filed the writ petition seeking revaluation of her answer scripts in a veterinary course examination. The Single Judge, while issuing notice, directed the University to get the answer scripts revalued by an external examiner, noting that neither challenge to evaluation nor revaluation was permitted under the Rules, but considering that the petitioner was likely to lose an academic year. The University appealed, contending that the Rules did not provide for revaluation and that the interim order was contrary to the settled position of law. The Division Bench, after hearing the parties, allowed the appeal and set aside the interim order. The Court held that in the absence of any rule permitting revaluation, no direction for revaluation could be issued, and the apprehension of loss of academic year could not be a ground to bypass the University Rules. The Court emphasized that interim relief cannot be granted in disregard of the applicable rules and regulations.
Headnote
A) Education Law - Revaluation of Answer Scripts - Absence of Rules - The University Rules did not provide for revaluation or challenge to evaluation. The Single Judge directed revaluation solely on the ground that the student might lose an academic year. Held that without any rule permitting revaluation, no direction for revaluation can be issued, and the apprehension of academic loss cannot be a ground to bypass the rules. (Paras 2-5)
B) Education Law - Interim Relief - Scope of Judicial Review - The Single Judge's interim order directing revaluation was set aside as it was contrary to the University Rules. Held that interim relief cannot be granted in disregard of the applicable rules and regulations. (Paras 2-5)
Issue of Consideration
Whether the High Court can direct revaluation of answer scripts in the absence of any provision in the University Rules permitting revaluation, and whether the threat of loss of academic year justifies such a direction.
Final Decision
The appeal is allowed. The interim order dated 25.11.2024 passed by the learned Single Judge in W.P.No.5876/2024 is set aside.
Law Points
- Revaluation of answer scripts not permissible without specific rules
- Academic loss cannot override university regulations
- Interim relief cannot be granted contrary to rules
Case Details
2025 LawText (KAR) (04) 18
WA No. 1794 of 2024 (EDN-RES)
N. V. Anjaria, Chief Justice, M.I.Arun
Smt. Vaishali Hegde for appellants, Sri K.S. Harish for R-1, Smt. Mohana Kumari B.V and Sri Abubakar Shafi for R-3
Karnataka Veterinary Animal and Fisheries Sciences University (KVAFSU) and others
State of Karnataka, Veterinary Council of India, and Maseera Naveed
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Nature of Litigation
Writ appeal against an interim order directing revaluation of answer scripts in a veterinary course examination.
Remedy Sought
The appellants (University) sought to set aside the interim order dated 25.11.2024 passed by the Single Judge in W.P.No.5876/2024.
Filing Reason
The Single Judge directed revaluation of answer scripts despite the University Rules not permitting revaluation, solely on the ground that the student might lose an academic year.
Previous Decisions
The Single Judge passed an interim order on 25.11.2024 directing revaluation by an external examiner.
Issues
Whether the High Court can direct revaluation of answer scripts in the absence of any provision in the University Rules permitting revaluation.
Whether the threat of loss of academic year justifies a direction for revaluation contrary to the University Rules.
Submissions/Arguments
The appellants argued that the University Rules do not provide for revaluation or challenge to evaluation, and the interim order was contrary to the settled position of law.
The respondent student argued that she would lose an academic year if revaluation was not ordered.
Ratio Decidendi
In the absence of any rule permitting revaluation of answer scripts, no direction for revaluation can be issued by the court. The apprehension of loss of academic year cannot be a ground to bypass the University Rules. Interim relief cannot be granted in disregard of the applicable rules and regulations.
Judgment Excerpts
The order reads as under, '3. Pending consideration of the matter taking into account that neither a challenge evaluation nor a revaluation is permitted under the Rules and taking into consideration that the petitioner is likely to lose an academic year on account of the same.'
The present appeal is directed against the following order dated 25th November 2024 in writ petition No.5876 of 2024.
Procedural History
The respondent No.3 filed W.P.No.5876/2024 before the High Court of Karnataka seeking revaluation of answer scripts. The learned Single Judge passed an interim order on 25.11.2024 directing revaluation by an external examiner. The University filed the present writ appeal under Section 4 of the Karnataka High Court Act against that interim order. The appeal was heard and reserved for judgment, and pronounced on 26.04.2025.
Acts & Sections
- Karnataka High Court Act: Section 4
