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Judgment
Abdul Nazeer, J.—In these petitions, the petitioner has sought review the order dated 07.12.2011 passed in W.P. Nos. 44324 and 44325 of 2011. I have heard the learned Counsel for the parties.
Respondent Nos. 1 and 2 filed writ petition Nos. 44324 and 44325 of 2011 challenging the endorsement at Annexure E in the writ petitions issued by the University rejecting the request of respondent Nos. 1 and 2 herein to revalue the answer scripts.
First respondent had appeared for the examination in the failed subject ''Political Science-III'' of second year LLB course in December, 2010 and the second respondent had appeared in the failed subject ''Legal Theory'' of 3rd year LLB. course in December, 2010. The result of the said examination was declared on 02.09.2011. They have failed in the said examination. They made an application for revaluation of their answer scripts. Therefore, this Court directed the University to revalue their answer scripts.
Learned Counsel for the petitioner-University submits that the result of the said examination of all the students barring some of the students was announced on 11.04.2011. The result of the examination of the respondent Nos. 1 and 2 was not declared along with other students. It was declared at a later stage. Having regard to the revised Ordinance governing the revaluation of the answer scripts, respondent Nos. 1 and 2 are not entitled for revaluation of their answer scripts.
The relevant Ordinance governing revaluation of the answer scripts is as under:-
However, where the results of some candidates could not be finalized by the University for various reasons, the college concerned/University shall ensure that the results of all the remaining candidates are declared by the University within ten days from the date of first notification of the results to facilitate those candidates to become eligible for revaluation. The candidates whose results are announced thereafter will not be eligible to apply for revaluation.
(Emphasis supplied)
It is clear that the result of the examination of all the other students who have appeared along with respondent Nos. 1 and 2 herein was announced on 02.09.2011. The result of the examination of respondent Nos. 1 and 2 was not declared along with the result of the other students on 11.04.2011. The result was declared on 02.09.2011. Prima facie, I am of the view that respondent Nos. 1 and 2 are not entitled to seek revaluation of their answer scripts having regard to the above Regulations. The writ petition Nos. 44324 and 44325/2011 require reconsideration. These review petitions are accordingly allowed. The order dated 7.12.2011 in W.P. Nos. 44324 and 44325 of 2011 is hereby recalled and the writ petitions are restored to file. Post W.P. Nos. 44324 and 44325/2011 for hearing after two weeks.