HIMACHAL PRADESH UNIVERSITY & ANOTHER Vs. VYJYANTI MEHRA

JUDGEMENT

(1.) Under the impugned rendition recorded by the learned trial Court, the suit of the plaintiff whereby she had sought damages to the tune of Rs.10 lacs stood partly decreed vis-a-vis a sum of Rs. 4 lacs standing quantified as damages in favour of the plaintiff and against the defendants. The defendants/appellants herein stand aggrieved by the impugned rendition recorded by the learned trial Court wherefrom it has instituted the instant appeal herebefore.

(2.) Briefly stated the facts of the case are that the plaintiff has filed the suit against the defendants a pauper (indigent person) for claiming damages to the tune of Rs.10 lacs on the allegations that she had appeared in B.Sc.-II, in April 1998 under Roll No. 400-596 assigned to her by the H.P.U. at Govt. Post Graduate College Dharamshala and was declared successful in the examination. She remained a brilliant student through out her studying carrier. She passed her matriculation and plus two examination in flying colours.

(3.) The suit of the plaintiff was contested by defendants by filing a written statement wherein they have taken preliminary objections inter alia maintainability, limitation etc. ON merits, they have averred that the father of the plaintiff was a senior teacher in the school holding the rank of Headmaster/Principal and he might have been influencing her result and that the plaintiff being a brilliant student in school has no relevancy in this particular case. They have averred further that the allegations of the plaintiff in para 4 of the plaint are false and imaginary. The revaluation form dated 20.07.1998 submitted by her would prove the falsity of her claim. They have specifically averred that the plaintiff although sought revaluation in Botany and Hindi papers in column NO.6, yet in column NO.10, of the form she has written for revaluation as her total marks in all subjects were less than she had expected. Due to this fact the revaluation branch of the University inadvertently got the entire record/papers of the plaintiff checked to which this inadvertent mistake had crept in. They have specifically averred that the plaintiff has improved her performance of the previous year and the mistake in the result at the time of revaluation had been committed due to over writing of the in column No.5. They have averred further that the plaint allegations are a cock and bull story having nothing to do with the facts of the case and the legal notice served upon them by the plaintiff had rightly been applied.