PRITIKANA BHUIN Vs. UNIVERSITY OF BURDWAN

JUDGEMENT

(1.) THIS application is at the instance of an unsuccessful candidate in Part-II 4th paper Physics honours from the University of Burdwan in the B.A. Part-II examination. In this paper the petitioner scored 9 marks only in the year 2008.

(2.) THE petitioner was successful in the B.A. Part-I examination, but, she was unsuccessful in respect of Part-II 4th paper Physics honours in the year 2008. In 2009 the petitioner appeared in the same subject and she scored low marks. Then in 2010 she sat for the Part-III papers along with Part-II 4th paper Physics honours and scored the same marks i.e. 9 only. She applied for review and on review, her marks in respect of that paper enhanced from 9 to 13 i.e. increase of 4 marks. The petitioner made a representation to the respondent university, but, there was no response. Then she filed a writ petition being W.P. No.15007 (W) of 2011 which was dismissed, but, liberty was given to the writ petitioner to approach the authority under the Right To Information Act, 2005. Thereafter, on getting the xerox copy of the answer sheet the petitioner filed another representation to the respondent university for re-evaluation of the answer script in question and, thereafter, this application has been preferred.

(3.) UPON hearing the learned Counsel for the parties and on going through the materials on record, I find that on being unsuccessful in respect of Part-II 4th Paper, Physics honours scoring 9 marks only, the petitioner filed the W.P. No.15007 (W) of 2011 which was dismissed by this Hon'ble Court by the order dated January 29, 2011. Thereafter, on getting the copy of the answer script under the provisions of the Right To Information Act, pursuant to the observations passed by this Hon'ble Court in the earlier writ petition, the petitioner's assessment was that she answered correctly, but, she was not awarded enough marks. So, this application has been filed for consideration of her representation already referred to above.