SONAL JAISWAL Vs. CHHATTISGARH SWAMI VIVEKANAND TECHNICAL UNIVERSITY

JUDGEMENT

(1.) THE petitioner was regular student of sixth semester of B.E. Course. She was declared fail in the examination of Basic Electrical Engineering of second semester and therefore, she was not allowed to appear in the sixth semester examination. Earlier W.P. (c) No.2081/2009 of the petitioner was disposed of vide order dated 9.7.2009 and the respondent was directed to revaluate answer sheet of the petitioner. After revaluation of Basic Electrical Engineering paper, the result was declared and there was no change in the marks of the petitioner.

(2.) THE petitioner applied for photocopy of the revalued answer sheet of Basic Electrical Engineering paper for making further application for re-revaluation but the respondent vide order dated 9.9.2009 (annexure P-1) refused to supply the photocopy of revalued answer sheet on the ground that there is no such direction from the High Court. Learned counsel for the petitioner Submits that as per notification dated 5.7.2008 (Annexure P-4) re-revaluation is permissible, however, as per procedure prescribed in the notification, the candidate applying for re-revaluation is required to obtain photocopy of revalued answer sheets within ten days from declaration of revaluation result and the application is to be accompanied with a fee of Rs. 500/-. He further submits that the petitioner came to know that she had obtained 41 marks in the revaluation of her answer sheet of Basic Electrical Engineering subject, however, she was communicated 'no change' in the result by the respondent as the respondent has made it a prestigious issue. Revaluation has not been done in accordance with Rule 27 of the Ordinance No.5.

(3.) LEARNED counsel for the respondent-University submits that W.P. (c) No. 2081/09 was disposed of on the basis of written submissions filed by the counsel appearing for the respondent university that the answer sheets of the Basic Electrical Engineering subject of the supplementary examination in second semester of the petitioner will be revalued as a special case and result would be accordingly declared within reasonable time. Accordingly, revaluation of her supplementary examination answer sheet was done and the result 'no change' was duly declared on 22.8.2009. The petitioner was given an opportunity for revaluation on sympathetic ground as a special case, however, the petitioner is not entitled for re-revaluation.