NIRMALA DEVI Vs. GORAKHPUR UNIVERSITY, GORAKHPUR

JUDGEMENT

(1.) The short controversy involved in the present writ petition is as to whether the petitioner is entitled to a writ of mandamus directing the respondent - Gorakhpur University to re - evaluate the marks awarded to the petitioner in Sanskrit Second Paper (Vyakaran Evam Nibandh) relating to the M. A. Examination, 1983.

(2.) At the admission stage parties have exchanged affidavits and the writ petition is being disposed of finally is accordance with the Rules of the Court.

(3.) According to the counter-Affidavit filed by the University, the re - evaluation could not be done as the copy of the petitioner in respect of Sanskrit Second Paper was not traceable. In this case it is clear that the Petitioner had initially been awarded marks in the aforesaid paper having secured 53 marks. It is not a case where right from the very beginning the petitioners copy in respect of her Sanskrit Second Paper had been lost and no marks had been awarded. Copy of the petitioner was evaluated at the first instance and she had been awarded marks. As the copy of the petitioner is not traceable at the present moment no effective relief can be granted to her as it is just not possible to re - evaluate the marks awarded to her in that paper.