H NAGARAJ Vs. GULBARGA UNIVERSITY

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner for issuance of a writ of mandamus directing the respondents to revalue the answer scripts of the petitioner pertaining to Anatomy I and II Papers of First Year M.B.B.S. Course for which he had sat in the examination held in February, 1995.

(2.) Admittedly, the petitioner has failed in the said papers. On announcement of the results, he applied for retotalling of his marks as per the University Regulations. Even on retotalling, the marks remained unaltered. Accordingly, as per the University Regulations governing revaluation, he made an application seeking permission to apply for revaluation of his said answer scripts. By letter dated 12-7-1995 (Annexure-A), it was communicated to the petitioner that the Vice-Chancellor on appraisal of the report of the Committee constituted for scrutinising answer scripts has opined that the case of the petitioner and similarly situated other students have not been found fit for revaluation and accordingly, the permission for applying for revaluation has been refused.

(3.) Learned Counsel appearing for the petitioner has submitted that the impugned communication and the decision of the Vice Chancellor needs to be quashed because before refusing to grant permission for revaluation, no opportunity of hearing was granted to the petitioner which amounts to violation of principles of natural justice. His further submission is that the petitioner has not been informed of reasons which have prevailed with either the Committee or the Vice Chancellor in rejecting the request of the petitioner which is another infirmity again based on principles of natural justice.