Ashish Kumar vs Director I.E.R.T.& Ors.

I.M. Quddnsi, J.—Heard the learned Counsel for the petitioner Suman Jaiswal and the learned Counsel appearing for the respondents Sri Rahul Sripat.

Learned Counsel for the respondents has produced the relevant records also before this Court. On perusing the record it appears that the petitioner was given question paper of new course of Electronics Component and Materials, he solved that paper but it was not indicated in that question that either the same is for old course or for new course. But later on it was found that the question paper which was handed over it) the petitioner was in fact prepared for new course and not for old course and the question paper of old course was separate but as the petitioner solved that question papers marks were given to him earlier but later on the same were deleted because of the reason that he did not solve the old paper without considering the fact when he was not given the question paper of old course, how he could be able to solve that question paper and the question paper which was given to him was although under the course but it was not indicated there in that the question paper was prepared under the new course. He solved the questions in his answer book and hence there appears to be no mistake committed by the student and it is not his fault in solving the question ''papers.

In view of this the writ petition succeeds and is allowed. A writ in the nature of mandamus is issue commanding the respondents to cancel the marks of the petitioner of the aforesaid subject and get the answer book reexamined by some examiner and allot him marks afresh in the marksheet and declare his result according to the same.

A copy of this order may be made available to the learned Counsel for the parties on payment of usual charges with in 24 hours.