Alka Saini vs Hemwati Nandan Bahuguna, Garhwal University

Sudhanshu Dhulia, J.—The case of the petitioner is that she is undergoing a course of M.A. (Drawing & Painting) at S.D.P.C. Kanya Mahavidhyalaya, Roorkee. The examining body is Hemwati Nandan Bahuguna Garhwal University. The grievance of the petitioner is that in M.A. Previous paper of History of Indian Painting, she has secured zero mark whereas in other subjects she has got first division marks. The petitioner has contended that in no way she could have been given zero mark.

The petitioner had made the following prayers in the writ petition :

I. Issue a writ, order and direction in the nature of mandamus commanding/directing the respondent University to conduct the enquiry in the matter.

II. Issue a writ, order and direction in the nature of mandamus commanding/directing the respondent University to appoint a fresh evaluator for the revaluation of the answer sheet of the petitioner.

III. Issue any other relief, which this Hon''ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioner.

IV. Cost of the petition be awarded in favour of the petitioner.

For abundant precautions, this Court had summoned the marksheet and answer script of the petitioner and after examining the answer script the following order was passed :

Learned counsel for the petitioner as well as the learned Counsel for the respondent agreed that the answer scripts may be sent to the Kumaon University which is in Nainital for re-examination by a professor of Drawing and Painting. Sri B.D. Upadhyay, who is counsel for the Kumaon University is also present in the Court and has made a statement that in the Kumaon University there is a professor in Drawing and Painting who will be able to evaluate the answer scripts.

Therefore, on the basis of the consensus reached in the matter, this Court directs that the answer-sheets along with the question paper should be handed over in a sealed envelope to Sri B.D. Upadhyay, learned Counsel for the Kumaon University who shall request the professor of Drawing and Painting, Kumaon University to evaluate the answer scripts of the petitioner.

This answer script has further been examined by an examiner of equal rank from Kumaon University. Today, the report of the examiner of Kumaon University is before this Court in which after examining the answer scrip of the petitioner, the examiner has come to the conclusion that all the answers given by the petitioner are not related to the questions asked. Therefore, in effect, the present examiner also agrees to the marks awarded to the petitioner by the examiner of H.N.B. Garhwal University. After the matter has been examined by another expert, this Court cannot go any further on this matter and, therefore, no relief can be granted to the petitioner. The petition is, therefore, liable to be dismissed.

Before closing this case, the Court appreciates the efforts of the examiner of Kumaon University in examining the answer script of the petitioner in the spirit of pro bono publico.

Registry is directed to hand-over the answer script as well as the question paper in a sealed envelope to Mr. Vinod Nautiyal, learned Counsel for the H.N.B. Garhwal University or any other counsel authorized by him. The report of the examiner of Kumaon University shall, however, be placed on record in a sealed envelope and will remain a part of the Court''s record.

With these observations, writ petition is dismissed. No order as to costs.