VIBHUTI GAUR Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for a writ, order or direction in the nature of certiorari for quashing the impugned letter dated 3.11.2004 issued by the Assistant Controller of the Examination, University of Delhi. The petitioner has also prayed for a writ, order or direction in the nature of mandamus directing the respondents to allow the petitioner to re- appear in the M.A. English (final year) examination under the "without surrender category".

(2.) The letter dated 3.11.2004 was issued by the Assistant Controller of Examination in response to a "mercy appeal" for grant of permission to appear in certain papers of the M.A. English course for improvement. By the said letter dated 3.11.2004, the petitioner was informed that her application addressed to the Vice Chancellor could not be acceded to.

(3.) The petitioner appeared for the M.A. English examinations of the first and second years conducted by the University of Delhi in the academic sessions of 2001 and 2002. The marks obtained by her qualified her for the award of a degree of M.A. in English. However, since the marks obtained by her were not to her liking, she wanted a further improvement in the same. She re-appeared in all the 16 papers of both the Part-I and Part-II examinations for the M.A. English course. The net result was that while there was some improvement in her performance, it was still not upto her aspirations. It is now contended on behalf of the petitioner that there was confusion as to whether she went in for improvement of marks under "surrender category" or "without surrender category." Since there was confusion and she was under a mistaken impression, it was contended on her behalf, she may be permitted to re-appear in the final year examination under the "without surrender category".