Case Note & Summary
The petitioner, Sagar Shantaram Patil, a student of R.C. Patel Institute of Technology, Shirpur, affiliated to North Maharashtra University, Jalgaon, filed a writ petition under Article 226 of the Constitution of India seeking revaluation of his answer book in the subject 'Engineering Mechanics' for the Third Semester B.E. examination held in May/June 2012. The petitioner had applied for revaluation under Ordinance 134-A of the University, but the University refused, stating that revaluation is not permissible for that subject. The petitioner contended that the refusal was arbitrary and violative of his right to fair evaluation. The University, in its affidavit, did not dispute the applicability of Ordinance 134-A but argued that the subject was not covered. The court, after hearing the parties, observed that Ordinance 134-A does not exclude any subject and the University's refusal was arbitrary. The court directed the University to get the answer book revalued by an independent expert within four weeks and to communicate the result to the petitioner. The petition was allowed with no order as to costs.
Headnote
A) University Law - Revaluation of Answer Books - Ordinance 134-A - Right to Fair Evaluation - Petitioner sought revaluation of answer book in Engineering Mechanics - University refused on ground that revaluation is not permissible for that subject - Court held that Ordinance 134-A does not exclude any subject and refusal was arbitrary - Directed University to get answer book revalued by an independent expert within four weeks (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to revaluation of his answer book in the subject 'Engineering Mechanics' under the University Ordinance 134-A, and whether the University's refusal to revalue is arbitrary.
Final Decision
The petition is allowed. The University is directed to get the answer book of the petitioner in the subject 'Engineering Mechanics' revalued by an independent expert within four weeks and communicate the result to the petitioner. No order as to costs.
Law Points
- Revaluation of answer books
- University Ordinance 134-A
- Right to fair evaluation
- Writ jurisdiction under Article 226
Case Details
2013 LawText (BOM) (02) 11
Writ Petition No.901/2013
A.H. Joshi, Sunil P. Deshmukh
Shailesh P. Brahme for petitioner; A.B. Girase for respondent no.1; N.B. Patil, AGP for respondent no.3
The North Maharashtra University, Jalgaon; R.C. Patel Institute of Technology, Shirpur; The State of Maharashtra
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking revaluation of answer book.
Remedy Sought
Petitioner sought direction to the University to get his answer book in Engineering Mechanics revalued by an independent expert.
Filing Reason
University refused to revalue the answer book on the ground that revaluation is not permissible for that subject.
Issues
Whether the University's refusal to revalue the answer book under Ordinance 134-A is arbitrary and violative of the petitioner's rights.
Submissions/Arguments
Petitioner argued that Ordinance 134-A does not exclude any subject and the refusal is arbitrary.
University contended that revaluation is not permissible for the subject 'Engineering Mechanics'.
Ratio Decidendi
Ordinance 134-A of the University does not exclude any subject from revaluation; refusal to revalue on the ground that the subject is not covered is arbitrary and unsustainable.
Judgment Excerpts
The petition is ready for hearing as the affidavit in reply of the contesting respondent no.1 is already filed.
The case of the petitioner is that he had applied for revaluation of his answer book in the subject 'Engineering Mechanics' under Ordinance 134-A of the University.
The University has refused to revalue the answer book on the ground that revaluation is not permissible for that subject.
Ordinance 134-A does not exclude any subject from revaluation.
The refusal is arbitrary and unsustainable.
The University is directed to get the answer book revalued by an independent expert within four weeks.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India. The University filed an affidavit in reply. The petition was heard and disposed of finally with consent of parties.
Acts & Sections
- Constitution of India: Article 226
