BHAMI PRAKASH SHUKLA Vs. VICE

JUDGEMENT

(1.) The petitioner prays for a writ of mandamus directing the respondents to declare the petitioner's result after allotting marks to him in the English (II Paper) of the B.A. Examination of the respondent University in the year 1986. The relevant facts are that the petitioner appeared at the B.A. (Par 11) Examination held in 1986 and he was allotted Roll Number 154467. The petitioner appeared at the said examination but his result was not published. When the petitioner obtained a copy of the marks sheet he found that he had been awarded zero in English Second Paper. There upon the petitioner made an application for re-evaluation of his English Second paper. It appears from the counter affidavit filled on behalf of the University that the answer book of the petitioner in that paper was lost in transit when the same was despatched for re-valuation. The University accordingly could not undertake the exercise of re-evaluation. The stand taken by the University in the counter affidavit is that the answer books having been lost it was not feasible to undertake the re-evaluation applied for by petitioner in that paper.

(2.) Aggrieved by the aforesaid action or omission of the respondent University, the petitioner approached this Court under Art. 226 of the Constitution of India.

(3.) The contention of the learned counsel for the petitioner is that if the petitioners paper could not be re-evaluated, the University itself was to blame. Consequently the University should have awarded marks to the petitioner in that paper on the average of the marks obtained by him in other papers of that examination.