RADHEY KUMAR RAI Vs. VICE

JUDGEMENT

(1.) The petitioner applied for re - evaluation of his 4th and 5th papers in Hindi at M. A. Previous Examination of 1985. The respondent - University has filed a counter - affidavit stating that whereas the 5th paper of the petitioner has been re - evaluated, the 4th paper could not be re - evaluated because since the petitioner applied for re - evaluation, the answer book has been lost and is not traceable. Under the circumstances it is not possible to re - evaluate the answer book of the petitioner in respect of paper No. 4.

(2.) In an identical situation this Court by its order - dated 3.12.87 passed in writ petition No. 14561 of 1985, Smt. Nirmala Devi Vs. Gorakhpur University and another held that no effective relief can be granted to the petitioner for re - evaluation if the answer book in that paper is not traceable, provided that the answer book had been evaluated in the first instance. In the present case also the answer book of the petitioner in the 4th paper was evaluated and he was awarded 36 out of 100 marks in that paper. No mala fides are alleged against respondent - University. Under the circumstances following the decision quoted above we held no effective relief can be granted to the petitioner.

(3.) The petition is accordingly dismissed. Petition dismissed.