MADAN KUMARI Vs. UDAIPUR UNIVERSITY

JUDGEMENT

(1.) THIS civil second appeal has been filed by appellant- plaintiff Smt. Madan Kumari wife of Shri Chandra Prakash Bhatnagar against the respondent Udaipur University, Udaipur (Mohanlal Sukhadia University) being aggrieved by the judgment dated 14.12.1992 passed by learned Civil Judge, Udaipur in Civil Appeal No. 46/1990, whereby the learned lower appellate court has dismissed the appeal of the appellant-plaintiff and affirmed the judgment and decree dated 31.8.1989 passed by the learned Munsif and Judicial Magistrate, First Class, Udaipur City (North), Udaipur in Civil Suit No. 49/1981, whereby the suit of the appellant-plaintiff was dismissed.

(2.) THE brief facts of the case are that appellant-plaintiff Smt. Madan Kumari filed a civil suit against the respondent-defendant University inter alia stating that she appeared in the B.A. Examination of the year 1978 in Mathematics as additional subject. Since the result of the examination did not come as per the expectations of the appellant-plaintiff, she applied for re- evaluation of the answer-sheets of the First and Second Paper of B.A. Second Year and First Paper of B.A. Third Year, but the authorities of the respondent University did not respond despite reminders being given in this regard. THE appellant-plaintiff again applied for re-checking of the First Paper of Third Year, but the respondent-University got re-checked the Third Paper of the Third Year, therefore, the purpose of the appellant-plaintiff could not be served. It, is alleged that had the answer-sheets of the appellant-plaintiff been re-checked on time, she must have passed and got the benefit the pay scale of Second Grade, but the same did not happen. It is further alleged that in order to make available some benefits to one Smt. Shakuntala Pagaria, the concerned Clerk and Examiner of the respondent-University under a conspiracy have changed the marks of the appellant-plaintiff of Second Paper of Second Year to 11 instead of 19 and marks of Smt. Shakuntala Pagaria have been changed from 12 to 24. It is further alleged that said Smt. Shakuntala Pagaria used to take tuitions from the Examiner of the Second paper of Second Year. It is further alleged that if there had been no forgery in the tabulation register of the examination results, the appellant-plaintiffs must have passed. It is, therefore, prayed that on the basis of the original entries of the tabulation register, the appellant-plaintiff may be declared passed.

(3.) AFTER recording the oral and documentary evidence of the parties and on hearing the final arguments, the learned trial Court decided both the issues against the appellant-plaintiff and dismissed the suit.