APAAR SHARMA Vs. UNIVERSITY OF DELHI AND ORS.

JUDGEMENT

(1.) Present writ petition has been filed seeking a direction to the respondent to constitute a new panel of three expert members in the field of Sociology and re -evaluate the answer -sheets on the principle of moderation.

(2.) Learned counsel for petitioner states that the examiner variability due to liberal/strict valuation has been described as "hawk -dove" effect, i.e. some students get extraordinary marks while others get less marks. According to him, the 'hawk' effect is manifest in the present case as 51 students out of 60 students have failed in the examination.

(3.) Learned counsel for petitioner emphasises that more than 80% students have failed in the "paper of Sociology of Contemporary India". He contends that a strict examiner without considering the overall standards to be met has failed students in bulk and thereby jeopardised the carrier of all the students including the petitioner herein. He submits that this "hawk - dove" effect has been recognised by the Supreme Court in Sanjay Singh & Anr. vs. U.P. Public Service Commission, Allahabad & Anr., : (2007) 3 SCC 720 wherein it has been held as under: -