Court No. - 39 Case :- WRIT - C No. - 67622 of 2009 Petitioner :- Ravi Kiran Rai Respondent :- Union Of India & Others Petitioner Counsel :- Raj Kumar Singh,Ajay Kr. Singh Respondent Counsel :- A.S.G.I.,K.R.S. Jadaun,Ritvik Upadhyay Hon'ble Dilip Gupta,J.
The petitioner who had appeared at the UGC National Entrance
Test has filed this petition for a direction upon the respondents to
re-evaluate the third paper by an expert examiner.
On 11th November, 2009, this Court passed an order that in the
event the petitioner deposits a sum of Rs.10,000/- with the
Registrar General of this Court, the respondents may produce the
answer book of paper III. The petitioner deposited the said amount
of Rs.10,000/- with the Registrar General of this Court.
Sri Upadhyay has produced the answer book of paper III. The said
answer book has been examined and also shown to the learned
counsel for the petitioner. All the answers have been marked and
the total is correct.
Learned counsel for the petitioner then submitted that the answer
book may be re-evaluated and in support of his contention he has
placed reliance upon the decision of this Court in Vice-
Chancellor, Veer Bahadur Singh Purvanchal University,
Jaunpur & Ors. Vs. Smt. Shashikala & Anr., 2009 (2) AWC
1458.
Sri Upadhyay, learned counsel for the respondent submits that
there is no provision for re-evaluation of the answer books.
It has been held in Vice-Chancellor, Veer Bahadur Singh
Purvanchal University (supra) that re-evaluation can be ordered if
there is a glaring and material error found in the evaluation of the
answer book. In the present case, there is no glaring or material
error in the evaluation of the answer books. This decision,
therefore, does not help the petitioner. The Supreme Court in
Pramod Kumar Srivastava Vs. Chairman, Bihar Public
Service Commission, Patna & Ors., JT 2004 (6) SC 380 has
held that the re-evaluation cannot be ordered if the Rules do not
provide for re-evaluation. Thus, in the absence of any provision for
re-evaluation of the answer book, it is not possible to issue any
direction for re-evaluation of the answer books.
The writ petition is, accordingly, dismissed. The amount of
Rs.10,000/- deposited by the petitioner with the Registrar General
of this Court shall be deposited in the account of Mediation &
Conciliation Centre, High Court, Allahabad.
Order Date :- 6.1.2010
GS