PRITI SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is a brilliant student. She passed her High School and Intermediate with first division marks, and in B.A. Part-I & II also she secured first division marks. She has preferred this writ petition for issuance of a writ of certiorari for quashing the order dated 03.07.2013 passed by respondent no. 3, Examination Controller, Mahatma Gandhi Kashi Vidyapith, Varanasi, whereby in response to her application under Right to Information Act, 2005 she was informed that her answer script of Sanskrit-III paper has been weeded out.

(2.) The essential facts are; the petitioner was a student of B.A. in Swami Ramnarayanacharya Mahila Mahavidyalaya, Belthara Road, Ballia (for short, "the College"). The said College is affiliated with Mahatma Gandhi Kashi Vidyapith, Varanasi (for short, "the University"). The University is governed under the provisions of U.P. State Universities Act, 1973 and it has its First Statutes and Ordinance, which regulate the affairs of the University and its affiliated Colleges.

(3.) It is stated that the petitioner has a brilliant academic record. She passed her High School with 68% marks and Intermediate with 74% marks. She appeared in B.A. Part-I as a regular student in the year 2010 and secured 64.50% marks. In B.A. Part-II also she secured 62.16% marks. In B.A. Final year, she selected two subjects; Home Science & Sanskrit; and there were three papers in Sanskrit. The petitioner appeared in B.A. Final year examinations in 2012 and in IIIrd Paper of Sanskrit she had taken extra two additional answer scripts and solved all the questions. However, when the result was declared, to the utter surprise of the petitioner, she had been shown only 34 marks awarded in the third paper of Sanskrit. In first and second paper she had secured more than 60% marks and only in third paper she had got 34 marks.