RAMESH VYAS Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) THESE three writ petitions under Article 226 of the Constitution of India have been filed by the petitioners. As some of the points involved in the writ petitions are common, they were heard together and it will be convenient to dispose them of by a common order.

(2.) S. B. Civil Writ petition No. 1385 of 1979 was filed by Ramesh Vyas under Art. 226 of the Constitution, The petitioner Ramesh Vyas appeared at -the Pre-medical Test, 1979 He secured 78. 60 and 21 marks in Chemistry, Biology and Physics respectively out of LOO. The petitioner has submitted paper of Physics marked as Annexure 2. His case is that out of the questions of the Physics paper, questions No. 1 (e), 2 (a), 2 (c), 3 (c), 4 (b) (c), 5 (a) (b) and 6 (b) (d) were all numerical ones and carried 4 marks each and that he solved these question absolutely correct and, therefore, was bound to secure atleast 40 marks for these questions alone and surely a few marks more he would have got for the remaining questions. He is not satisfied with 21 marks, which are said to have been obtained by him in the Physics paper. On the basis of Note 2, mentioned in the marks sheet (Anx,2), the petitioner has contended that the University of Rajas-than (respondent No. l) would not undertake scrutiny of marks as the system of automatic scrutiny has been introduced. The case of the petitioner is that he appeared at the test on the belief that scrutiny of marks would be permitted, which was prevailing hitherto before as is borne out from the marks-sheet (Anx. 3) of Shri Harigorlal, who appeared at the Pre-medical Test, 1978. In para 5 of the writ patitiotn, the petitioner has stated that in Anx. 4, which contains ins-tructions for the guidance of candidates intending to appear at the Pre-medical Test, 1979, nothing has been said in regard to the introduction of the so-called system of automatic scrutiny. As scrutiny of result has been discontinued after introducing system of automatic scrutiny and further as the petitioner has rea-son to believe that there was some mistake on account of which he was awarded 21 marks only in Physics paper, he has filed this writ petition, inter alia, for the following reliefs: "i. By an appropriate writ order or direction the respondents may be directed to produce before the Court the answer-book of the petitioner for the paper of Physics of the Pre-medical Test, 1979 and the Hon'ble Court may be pleased to direct that the same may be re-examined under / or re-evaluated as the Hon'ble Court may consider proper. II. In the alternative and without prejudice to the aforesaid, even if it be considered that the petitioner is not entitled to the aforesaid relief, the Hon'ble Court may be pleased to declare that stoppage of the system of re-scrutiny of marks is illegal and, further direct the respondent to get the marks of the paper of Physics scrutinised all over again on the petitioner paying the requisite fee in this behalf as per the direction of this Court. "

(3.) ON the basis of the aforesaid procedure and method of examining the answer-books, it was pleaded on behalf of the University of Rajasthan that there were no chance of error or manipulation at any stage. It was stated that the answer books of the petitioners were evaluated by the competent examiners and marking was done by them on the basis of the answers given to the questions and that there was no scope of any error in totalling as there was automatic scrutiny. It was also submitted in the reply that the petitioners have absolutely no right of re-evaluation of the answer-books. The only facility extended was of the scrutiny i. e. re-totalling of the marks awarded by the Examiner and this was done in the case of all the candidates, who appeared at the Pr> m-dical Test, 1979 inclusive of the petitioners. It was mentioned in the reply that the petitioners have no vested right of getting the answer books scrutinised. It was stated that there was no contravention of any statute, Rule, Ordinance or Regulation and as such the petitioners are not entitled to maintain the writ petitions. It was also stated that the scheme of automatic scrutiny was introduced after realising the defects, viz delay in finalising the list of eligible candidates to be admitted in the Medical Course inconvenience to the candidates sitting at distant places etc. and that the scheme ensures equality to all and rules out any hypothesis of error or manipulation.