DHARAMDAS Vs. RANI DURGAWATI V V

JUDGEMENT

(1.) THE petitioner had appeared in Class XII examination and obtained first division by securing 325 marks out of 450. He took admission in bachelor of Computer Application in Jabalpur College of Computer. It is put forth that in the first three semesters he obtained 65% marks. He appeared in the IVth semester examination and secured first division marks but in the subject of 'theory of Operating System' he was declared failed by awarding 3 5 marks. It is contended that he had hoped to get more than 60 marks in the said subject. Because of the same he applied for revaluation. In revaluation only three marks were increased in the said paper.

(2.) IT is urged in the petition that the revaluation has defectively been done and has not been done as per the Ordinance No. 71. It is put forth that as per the postulation in the Ordinance No. 71 revaluation and scrutiny of the answer scripts are to be done by two examiners other than the one who initially valued it but before the revaluation, scrutiny of the marks is to be done and in case there is change in scrutiny of marks, the revaluation would be undertaken. It is put forth that in the case of the petitioner the revaluation has not been done as per the procedure and only three marks have been increased in an improper manner. In this backdrop a prayer has been made to command the respondent to revalue the answer scripts of the petitioner in the subject of 'theory of Operating System'.

(3.) A return has been filed by the answering respondent contending, inter aha, that the petitioner had secured 35 marks in the subject of 'theory of Operating System' and on that basis he was declared failed in that subject. On an application being filed for revaluation, the same was done as per procedure and three marks were increased in the, said paper. It is put forth that the answer scripts of the petitioner was properly checked and revalued as per Clause 6 of the Ordinance no. 71. Clause 6 of the said Ordinance has been referred to, to highlight that when a person applies for revaluation in respect of a paper, his marks are scrutinised (re-totaled) before the answer-scripts are sent for revaluation without the candidate applying for it and if any change is found, necessary action is taken to revise the marks and accordingly the revaluation is undertaken. If the candidate still desires to get his answer-scripts revalued meaning thereby if in case he is not satisfied by the change in marks which is found in scrutiny of marks, then he would have the option if he still desires to get his answer scripts revalued. If no change is found the answer scripts are sent for revaluation. It is put forth that as per the Ordinance the answer script of the petitioner was sent for valuation to two examiners. The examiners revalued the answer-script in accordance with clause 8 of the Ordinance. Clause 8 has been referred to in the return. It is contended that the revaluation has been correctly done by taking the average of the marks awarded by two examiners (amongst the three examiners i. e. one original examiner and two revaluers) of whose marks are nearest to each other. In the return it has been averred that the petitioner had received 35 marks from original examiner and he was awarded 52 marks by the first revaluer and 40 marks by second revaluer and taking average of the nearest marks which has been awarded by two examiners which is the second examiner in this case, the petitioner secured 37. 5 marks and eventually it was rounded up to 38 marks. Thus, the justification has been given that revaluation has been done correctly.